The clink of champagne flutes was almost audible under the Gold Dome this morning as the House adopted SB 17, commonly known as the “brunch bill”. The bill, authored by Sen. Renee Unterman (R-Buford), will allow local governments to choose whether to allow alcohol sales in restaurants as early as 11AM on Sundays. Current Georgia law only allows such discretion starting at 12:30PM on Sundays. Today’s vote constitutes final passage of the bill, which will now go to Governor Deal for his signature.

House and Senate committees were also hard at work today. Details from those meetings, and a look at tomorrow’s floor action, in today’s #GoldDomeReport.

In today’s Report:

• Committee Reports
• Rules Calendars for Legislative Day 34

Committee Reports

House Insurance Committee

The House Insurance Committee, chaired by Rep. Richard Smith (R-Columbus), met this morning to consider two propositions:

• SB 8, authored by Sen. Renee Unterman (R-Buford), is the “Surprise Billing and Consumer Protection Act” aimed at addressing issues relating to the billing of patients receiving out-of-network medical services. Sen. Unterman and Chairman Smith reached an agreement to replace the contents of the bill with Smith’s HB 678, which also deals with “surprise billing” by allowing consumers to request and be provided with certain disclosures by healthcare providers. Smith’s bill passed out of the House, but it remains pending in the Senate. The Committee recommended the bill DO PASS by Committee Substitute (incorporating Smith’s bill) and be sent to the Rules Committee.
• SB 118, also authored by Sen. Renee Unterman (R-Buford), increases the age for health insurance coverage for autism spectrum disorders. As passed by the Senate, the bill would require health insurance plans to provide for such coverage to individuals who are 12 years of age and younger but would permit the health benefit plan to limit coverage to $30,000 annually for applied behavioral analysis. Chairman Smith recommended that the bill be amended to increase the mandatory coverage age to 20 years of age or younger and increased the coverage limit to $35,000 per year. The Committee recommended the bill DO PASS by Committee Substitute (incorporating Smith’s proposed amendments) and be sent to the Rules Committee.

Senate Insurance and Labor Committee

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

• HB 789, authored by Rep. Barry Fleming (R-Hiram), amends Title 34 to provide in statute that individuals hired to provide services to customers using a digital marketplace platform. According to Rep. Fleming, the bill was requested by Handy Technologies, which operates an online app that matches consumer with “handymen” who can perform odd jobs, and the bill codifies existing case law. There was some concern amongst the Committee about singling out a single industry for codifying an independent contractor/employment test and the further implications of such legislation. As such, the Committee held the bill pending further conversations with the author.
• HB 800, authored by Rep. Josh Bonner (R-Fayetteville), eliminates certain emeritus positions with the State Board of Workers’ Compensation. This bill was requested by the agency to address an issue where certain retirees were able to earn compensation packages above their compensation while working. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• 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 Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Health and Human Services Committee

The House Health and Human Services Committee, chaired by Rep. Sharon Cooper (R-Marietta) heard the following propositions today:

• SB 318, authored by Sen. Michael “Doc” Rhett (D-Marietta) requires that the Department of Community Health establish a one-year pilot program to provide for the execution of a physician's certificate for emergency examination of a person for involuntary evaluation and treatment for mental illness or alcohol or drug abuse based on consultation with an emergency medical technician or paramedic who has personally observed such person.  This pilot, as it cleared the Senate, would be composed of two urban counties. The Committee raised a number of concerns to the bill’s author, including how would this pilot be funded; would such include a rural county; why was there blanket immunity when such was not given to ER doctors; how many 1013 exams were there in 2017; and is there space available for individuals if they were found in need of treatment. The Committee reserved action on the bill given these questions.
• SB 364, authored by Sen. Chuck Hufstetler (R-Rome), amends O.C.G.A. § 43-34-103, relating to delegation of authority to physician assistants. The billseeks to authorize a higher supervisory ratio for physician assistants who have completed a board approved anesthesiologist assistant program – authorizing the ratio of one physician to eight such physician assistants. Jeremy Betts, representing the American Academy of Anesthesiology Assistants, clarified that the legislation does not change maximum supervision but it does add that a physician may sponsor up to eight anesthesiology assistants. There is also federal law governing how these individuals are paid. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• SB 370, authored by Sen. John Wilkinson (R-Toccoa), relates to claims by the State against the estates of Medicaid recipients and waives any claim by the state against the first $25,000 of such an estate. Under current Georgia law, such decedents with estates of less than $25,000 are not subject to claims by the State, but as soon as the estate exceeds $25,000, the State may make claims that may decrease the estate below $25,000. This legislation simply ignores the first $25,000 of any estate for purposes of Medicaid claims. Andrew Johnson, representing the Department of Community Health, stated that if this legislation was passed, it would require a Medicaid State Plan Amendment. He further stated it was not clear if CMS would approve such. However, the Department is not opposed to the bill. The Committee recommended the bill DO PASS by Committee Substitute.
• SB 422, authored by Sen. Renee Unterman (R-Buford), amends O.C.G.A. § 31-22-9(b) so as to exempt pharmacists when practicing within their scope of practice, and performing blood tests and interpreting the results as a means to screen for or monitor disease risk factors or drug use and facilitate patient education as authorized, so long as such blood tests are available to and for use by the public without licensure of the user. The Committee was slated to hear this bill but reserved action because the author was not present.

Senate Education and Youth Committee

The Senate Education and Youth Committee, chaired by Sen. Lindsey Tippins (R-Marietta), met and considered several propositions today:

• HB 494, authored by Rep. Katie Dempsey (R-Rome), is requested by DECAL and revises certain provisions relating to the safety of children in early care and education programs. The bill allows for the use of hearsay in preliminary hearings regarding emergency closure of a program or the emergency placement of a monitor or monitors . and revises the definition of "crime" for purposes of background checks. The legislation also provides that background checks are not valid if an individual has been separated from employment for more than 180 consecutive days from an early care and education program. After Senator Tippins expressed concern about the language of the bill regarding suspension of payments to entities out of compliance with the statute’s requirements, the Committee voted to amend the bill to require withholding of such payments. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.
• 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. The bill was presented as a substitute that combines the existing bill with the language from HB 762 by Rep. Wes Cantrell (R-Woodstock) requiring sexual assault education in K-9 health courses with online training for teachers. HB 762 passed out of the House Education Committee but was not considered on the House floor. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.
• 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. The proposition was presented as a substitute that includes language requiring that parents give informed consent before evaluations and interventions proceed. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.
• 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. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 759, authored by Rep. Scot Turner (R-Holly Springs), was billed by the author as a “tweak” to eligibility for the Special Needs Scholarship. Under the bill, once a student achieves eligibility for the Scholarship, he or she maintains it going forward. The current law, which requires a student be enrolled in a public school for one year prior to becoming eligible, caused problems for students who have breaks in enrollment caused by the student trying home school or an alternative school. Several senators expressed concern about the bill expanding the number of individuals eligible for the Special Needs Scholarship. The Committee took no action on the bill today.
• HB 787, authored by Rep. Scott Hilton (R-Peachtree Corners), allows state charter schools to participate in RESAs, changes funding for state charter schools to the average of all public school systems (rather than bottom five), and provides for forward (advance) funding for expansion of a charter school that projects enrollment growth over 2% of the current enrollment.  The Committee took no action on the bill today.
• 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. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Energy, Utilities and Telecommunications Committee

The following propositions were heard by Chairman Don Parsons (R-Marietta) and his Committee today:

• SB 355 – Sen. Chuck Hufstetler (R-Rome) proposed this bill addressing Georgia Power’s nuclear plant financing.  In particular it would amend O.C.G.A. § 46-2-25 concerning the procedure for changing any rate, charge, classification, or service and recovery of financing costs, so as to change the applicability of certain provisions relating to the recovery of the costs of financing the construction of a nuclear generating plant. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• SB 396 – Sen. David Shafer (R-Duluth) proposed this bill in O.C.G.A. § 46-5-30 which in part expands the equipment provided to individuals who have physical impairments, particularly hearing and speech impairments, so as to include such equipment distributed should also include wireless devices and applications. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

Rules Calendars for Legislative Day 34

The House will consider the following propositions on Wednesday:

• HR 1376 -- House Rural Development Council; solicit input from hospitals in the state on the financial conditions of such hospitals; urge
• SB 333 -- Deferred Compensation Plans; governing authority of a municipality may pay costs/fees associated with employee's participation; provide
• SB 357 -- Health Coordination and Innovation Council of the State of Georgia; create
• SB 382 -- Optometrists guidance and consultation by the Department of Public Health; provide
• SB 425 -- Professional Land Surveyors; provisions; change
• SR 794 -- Joint Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create

The Senate will consider the following propositions on Wednesday:

• HB 513 -- Domestic relations; signs to be posted at certain medical facilities where a newborn child may be left; provide
• HB 695 -- Special license plates; Georgia Forestry Foundation; establish
• HB 784 -- Specialty license plates; promote conservation of waterfowl populations and their habitats; establish
• HB 830 -- Controlled substances; Schedule I and II; change certain provisions
• HB 888 -- Ad valorem tax; certain reporting requirements; change
• HB 909 -- Health; designation of perinatal facilities; provisions