It felt as if the eye of the storm centered over the State Capitol today as committee action slowed and legislators and lobbyists prepared for the flurry of action that will lead to adjournment Sine Die next week. The House and Senate contributed to the brewing storm that lies ahead, taking up substantial Rules Calendars consisting of many Substitute bills that will require negotiation and agreement (and horse trading) between the two chambers over the next week. Already awaiting reconciliation is the FY 2020 Budget (HB 31), which had its first Conference Committee meeting this morning, and the much-discussed “heartbeat bill” (HB 481), which is currently in limbo between the House and Senate. The winds will pick up on Thursday as the General Assembly convenes for Legislative Day 38--get your bearings and keep watch with the #GoldDomeReport.

In this Report:

• Floor Notes
• Committee Updates
• Rules Calendars for Legislative Day 38

Floor Notes

The House voted on the following legislation of interest today:

• SB 9, authored by Sen. Harold Jones II (D-Augusta), amends Title 16 to prohibit sexual extortion. After passing the Senate earlier this month, the House Judiciary Non-Civil Committee amended the bill to incorporate the language of HB 43, Rep. Ed Setzler’s (R-Acworth) proposition dealing with sexual offenses by persons with supervisory or disciplinary authority. The House passed the bill by a 169-0 vote, and the bill now returns to the Senate for further consideration.
• SB 83, authored by Sen. Jeff Mullis (R-Chickamauga), expands the curriculum that public schools may offer relating to the Bible and other religious texts. Georgia law currently allows courses in Old Testament and New Testament history and literature, and this bill would expand available courses to those relating to law, morals, government, art, music, culture, and custom from religious texts. The bill was amended in the House Education Committee to incorporate the content of HB 562, Rep. Robert Dickey’s (R-Musella) bill to statutorily establish the REACH Scholarship Program, a needs-based mentoring and scholarship program “to provide promising students the support to graduate from high school and achieve postsecondary educational success.” The House passed the bill by a 122-44 vote, and the bill now returns to the Senate for further consideration.
• SB 118, authored by Sen. Renee Unterman (R-Buford), modernizes the “Georgia Telemedicine Act” and redefines it as the Georgia Telehealth Act. The bill requires insurers to cover telehealth services and provides for reimbursement at the originating and receiving sites. The House Insurance Committee adopted a Substitute to the bill that was heard on the floor today. The House passed the bill by a 168-1 vote, and the bill now returns to the Senate for further consideration.
• SB 158, authored by Sen. Brian Strickland (R-McDonough) addresses changes to Georgia’s laws pertaining to anti-human trafficking. Changes were made in the House Juvenile Justice Committee so as to merge SB 158 and HB 234, a bill by Rep. Chuck Efstration (R-Dacula), which also deals with anti-human trafficking prosecutions. The House passed the bill by a 167-0 vote, and the bill now returns to the Senate for further consideration.
• SB 168, by Sen. Greg Kirk (R-Americus), is the fix from 2018 of the Nurse Compact in Chapter 26 of Title 43. The legislation last year added language to the Compact which rendered it void. Thus, this bill repeals that language so as to allow Georgia to participate in the Nurse Compact. The bill was amended in the House to include language from Rep. Jon Burns (R-Newington) addressing APRNs with multi-state licenses. The House passed the bill by a 169-0 vote, and the bill now returns to the Senate for further consideration.
• SB 207, authored by Sen. Dean Burke, MD (R-Bainbridge), addresses licensing of physicians and renames the Georgia Board for Physician Workforce as the Georgia Board for Health Care Workforce. A Substitute adopted by the House Health and Human Services Committee addresses the Board membership, describing the new Board membership which is different from what the Senate proposed. It contains APRN, dental, physician’s workforce, consumer and physicians on this Board. The House passed the bill by a 167-0 vote, and the bill now returns to the Senate for further consideration.

The Senate voted on the following other legislation of interest today:

• HB 26, authored by Rep. Dave Belton (R-Buckhead), is the “Psychology Interjurisdictional Compact” ("PSYPACT"). PSYPACT allows for psychologists in states in which it is adopted to practice telepsychology across state lines and also provides limited in-person practice authority. The Senate passed the bill by a 48-1 vote, and the bill proceeds to the Governor’s desk for signature.
• HB 59, authored by Rep. Dave Belton (R-Buckhead), amends Title 20 to allow children of active duty military personnel to register in a local school district based on the parent's official military orders rather than requiring the family to establish residency. The Senate Education and Youth Committee offered a Substitute to the bill that was heard on the floor today. The Senate passed the bill by a 52-0 vote, and the bill returns to the House for further consideration.
• HB 83, authored by Rep. Demetrius Douglas (D-Stockbridge), amends Title 20 to require elementary schools to schedule recess for children in grades K-5 and provides definitions for acceptable forms of recess. The Senate passed the bill by a 48-4 vote, and the bill proceeds to the Governor’s desk for signature.
• HB 213, authored by Rep. John Corbett (R-Lake Park), amends Title 2 to enact the “Georgia Hemp Farming Act” which authorizes colleges and universities in the University System of Georgia to conduct research on the cultivation and uses of hemp grown in Georgia. The bill also outlines the process to receive a hemp growers license. The Senate Agriculture and Consumer Affairs Committee offered a Substitute that was considered on the floor today. After avoiding two amendments on the Senate floor, the Senate passed the bill by a 45-6 vote, and the bill returns to the House for further consideration.
• HB 323, authored by Rep. David Knight (R-Griffin), amends Title 33 to add new restrictions on actions by pharmacy benefits managers. These new restrictions include prohibitions on referring an insured to an affiliated pharmacy for the provision of pharmacy care services; transferring or sharing records containing patient-identifiable and prescriber-identifiable data to an affiliated pharmacy for any commercial purpose; making any false or misleading statement to an insured, pharmacist, pharmacy, dispenser, or dispenser practice; restricting an insured from utilizing any in-network pharmacy or dispenser practice; and, implementing any medication management program that alters or denies access to ongoing therapy. The Senate Health and Human Services Committee offered a Substitute that was considered on the floor today. The Senate passed the bill by a 49-0 vote, and the bill returns to the House for further consideration.
• HB 344, authored by Rep. Matthew Gambill (R-Cartersville), amends Title 48 to exempt all real property owned by purely public charities from ad valorem tax if such real property is held exclusively for the purpose of building or repairing single-family homes to be financed to individuals using no-interest loans. This bill assists organizations like Habitat for Humanity. The Senate passed the bill by a 54-0 vote, and the bill proceeds to the Governor’s desk for signature.
• HB 459, authored by Rep. Ginny Ehrhart (R-Powder Springs), would require the implementation of a driver’s license verification system for school bus drivers. The bill would require school districts to give the name and driver’s license information of such drivers to the DPS and would require the suspension of school bus drivers who have an invalid license. The bill was amended in the Senate to include language that clarifies and clarifies the process for volunteers to direct traffic. The Senate passed the bill by a 55-0 vote, and the bill returns to the House for further consideration.

Committee Updates

House Education Committee -- Academic Achievement Subcommittee

The Academic Achievement Subcommittee of the House Education Committee, chaired by Rep. Mike Cheokas (R-Americus), met late on Monday to consider one bill today. SB 109, authored by Sen. P.K. Martin IV (R-Lawrenceville), amends Title 20 to introduce computer science course requirements to the state curriculum for middle and high schools. The bill requires school districts to implement the courses on a 3-year timeline, which has been pushed back a year for all date requirements from the initial bill. Under the substitute, beginning in the 2022-2023 school year, each local district must have at least one high school with a computer science course and must have exploratory computer science courses in every middle school. Beginning in the 2023-2024 school year, local districts must have computer science courses in 50% of their high schools. Local districts must have computer science courses in every high school beginning in the 2024-2025 school year. Additionally the bill requires that the Department of Education must have computer science courses offered via the Georgia Virtual School. The bill also has a focus on ensuring teachers have the professional development needed to offer the courses. Rep. Rick Jasperse (R-Jasper) noted his focus on teachers and belief that CTAE can lead on fulfilling the need for teachers, to which Sen. Martin agreed and noted that he was open and flexible as to how the need for teachers can be met. Tim Cairl of the Metro Atlanta Chamber of Commerce and Cosby Johnson of the Georgia Chamber of Commerce spoke in favor of the bill. Rep. Jasperse called on the Metro Chamber and Georgia Chamber for support in implementing computer science education in schools. Rep. Wes Cantrell (R-Woodstock) asked for the Department of Education to provide data on how many schools offer computer science and how many students take those classes, to which Dr. Garry McGiboney of the Department noted that demand is growing and the State Board of Education is expected to adopt middle school computer science standards at its next meeting. The Subcommittee recommended the bill DO PASS and be sent to the full Education Committee.

House Education Committee -- Academic Innovation Subcommittee

The Academic Innovation Subcommittee of the House Education Committee, chaired today by Rep. Mike Glanton (D-Jonesboro), met to hear testimony on one bill today. SB 163, authored by Sen. Bruce Thompson (R-White), amends Title 20 to allow homeschooled students to participate in extracurricular and interscholastic activities sponsored by his/her resident school system. Sen. Thompson introduced the bill as an “equal access” proposition for homeschool families. Cole Muzio of the Family Policy Alliance of Georgia spoke to the bill, contending that the majority of states already allow for homeschool students to participate in public school extracurricular activities and Georgia law creates a “false choice” and unnecessary consequence of homeschooling. John Zauner of the Georgia School Superintendent Association and David Lewis, Superintendent of Muscogee County Schools, spoke to the bill. Dr. Lewis was a principal and band director in Florida, which already has this law, and explained some of the pitfalls of the bill. These included issues with verifying age and immunizations, improper grade retentions by parents, and accountability for all potential costs. Rep. Wes Cantrell (R-Woodstock) contended that these issues are the exception, not the rule, and standing in the way of the bill is focusing on the exceptions. Beth Scarborough, a homeschool mom and former public school teacher, spoke in favor of the bill, noting the savings that homeschoolers provide public schools and government by reducing the cost of public education. Chris Phelan, a homeschool parent from Gwinnett County, pointing to the issues of permissive transfers as worse for high school athletics than allowing a homeschool path toward participation. Sherri Phelan, a homeschool parent and basketball coach at Brookwood High School, spoke to the benefit of sports and frustration with the inability of her children to participate. Diane Jacoby, a public school parent, spoke in opposition to the bill, stating that the bill would create a “privileged and entitled choice” for homeschoolers above public school students. Angela Palm of the Georgia School Board Association spoke in opposition to the bill, pointing out a number of topics in the bill that still need consideration. Gretchen Walton of Cobb County Schools also spoke in opposition to the bill, expressing concerns with academic accountability, disciplinary consequences, residency verification, and district liability. Ernie Yarborough of the Georgia High School Association spoke on his Association’s progress on setting a policy for homeschool participation in sports, which focuses on ensuring residency and allowing districts to establish processes for verifying grades and discipline. Several other homeschool parents, as well as a 17 year old homeschool student, also spoke in favor of the bill. The Subcommittee took no action on the bill and is expected to work on the issue after the legislative session concludes.

House Health and Human Services Committee

This Committee met in the late afternoon where it took up these initiatives:

• HB 178, authored by Rep. Don Hogan (R- St. Simons), creates a pilot program in Chapter 3 of Title 37 to look at the mental health crisis in Georgia.  It seeks to implement an assisted outpatient treatment program to help individuals who have a mental illness.  The goal is to prevent these individuals from going to jail and to keep them on medications.  It also would create a unit within the Department of Behavioral Health and Developmental Disabilities to help with the coordination and support of this effort.  No vote was taken today.  A hearing from the author and Judge Tate and Advocate Nora Haynes spoke to the need for this effort.  Among positions proposed would also be additional individuals in each of the State’s Community Service Boards (an assistant patient outpatient director and a case manager).  There were some questions raised including some by Rep. Jesse Petrea (R-Savannah) who inquired about the lack of psychiatrists in the State and in particular with the “CSBs.”  Rep. Hogan indicated that he believes that there are other mental health professionals who can work with these individuals - such as psychologists, licensed professional counselors, marriage and family therapists.  Rep. Shelly Hutchinson (D-Snellville) asked about including the tier II Core providers.   She raised concerns about the use of the ACT teams in place.  Judge Tate indicated that these individuals in this pilot would have due process rights.  Hospitals would also notify them when an individual is leaving a hospital and needs further services.  So, this proposal sets up a legal procedure to be followed so that a court may order this outpatient treatment - which could be in effect for 12 months.  David Kidd, the president of the Association of CSBs, spoke about the need to have the CSBs at the table in the discussions moving forward as the entities serve as the public safety net.   Yosha Dodson, with Mental Health America, also spoke to the proposal and that Georgia needs more mental health professionals in its workforce - she did raise a question as to possible civil rights violations with the proposal.
• HR 589, authored by Rep. Mark Newton (R-Evans), seeks to create a House Study Committee on Maternal Mortality.   This pairs well with other efforts underway, including moneys included in the budget to do four additional newborn screenings and a Morehouse Study on maternal health.  There was a lot of support from the Committee for this Resolution.  Rep. Kim Schofield (D-Atlanta) offered an amendment to the proposal so as to add two additional members, making it a total of seven House of Representative members which will include two African American women as their incidence rate of maternal mortality is higher than other women.  This Resolution received a DO PASS recommendation in the form of a Substitute with the amendment attached.
• SB 115, authored by Sen. Renee Unterman (R-Buford), seeks to address the licensure of physicians from outside of the state to practice telemedicine in Chapter 34 of Title 43.  These licenses will be granted by the Composite State Board.  The Committee considered a Substitute, LC 33 8012S.  The Committee had some inquiries regarding how this legislation would pair with the Physician Compact legislation, SB 16.  This will be used for those physicians who are not in the Compact.  There was public support from TeleDoc.  The substitute legislation received a DO PASS recommendation and moves to the House Rules Committee.  It was noted that the Lt. Governor intends to study over the summer additional telemedicine issues, including the process.
• HR 646, authored by Rep. Katie Dempsey (R-Rome), is an “urging” resolution that the General Assembly look at broadened eligibility of funding for breast and cervical cancer treatments.  This includes looking at the Department of Public Health’s funding received from the CDC for early detection of these diseases.  This Resolution received a DO PASS recommendation.
• HR 448, authored by Rep. Sharon Cooper (R-Marietta), creates a Study on Safe Staffing of Nurses.  Rep. Cooper indicated that because of the numbers of nurses being graduated from nursing programs, particularly online programs, nurses are entering the workforce at hospitals and they are not fully able to practice.  Thus, they are assigned to a senior nurse/mentor.  In some of the larger facilities/systems, they require six months or a year of this working in tandem with the more seasoned nurses before the newer nurses may practice fully on the medical/surgical floors.  This Resolution also received a DO PASS recommendation.  Rep. Cooper indicated she was surprised that the hospital associations had not intervened on this proposal.

Senate Judiciary Committee

The Senate Judiciary Committee, chaired by Sen. Jesse Stone (R-Waynesboro), met late on Monday to hear four bills:

• HB 79, authored by Rep. Carl Gilliard (D-Garden City), amends Title 30 to provide that blind persons shall not be discriminated against by the courts, Department of Human Services, or a child-placing agency in matters relating to child custody, guardianship, foster care, visitation, placement, or adoption. Rep. Gilliard presented the bill alongside a blind mother who experienced issues the bill is aimed at addressing. The Committee recommended the bill DO PASS and be sent to the Rules Committee. The bill will be carried by Sen. Michael Rhett (D-Marietta) in the Senate.
• HB 91, authored by Rep. Andy Welch (R-McDonough), authored by Rep. Andy Welch (R-McDonough), amends Title 31 to allow the Georgia Bureau of Investigation to retain fingerprint records for participants in the Georgia Long-Term Care Background Check Program for purposes of the federally-authorized Rap Back Program. The Rap Back Program allows for continual background checks rather than only a single background check at time of hire. The bill was requested by the Department of Community Health. Sen. Bill Heath (R-Bremen) asked if fingerprints are required for a background check, to which Rep. Welch responded yes. Sen. Blake Tillery (R-Vidalia) asked about what happens when a person leaves employment, to which Rep. Welch explained that fingerprints must be destroyed within 10 days of notice of termination from the Commissioner. The Committee recommended the bill DO PASS and be sent to the Rules Committee. The bill will be carried by Sen. John Kennedy (R-Macon) in the Senate.
• HB 118, authored by Rep. Marc Morris (R-Cumming), amends Title 16 to change the offense of transmitting a false alarm to the offense of making an unlawful request for emergency service assistance. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.
• HB 296, authored by Rep. Lee Hawkins (R-Gainesville), changes the term of court for the Superior Court of Hall County. The Committee recommended the bill DO PASS and be sent to the Rules Committee. The bill will be carried by Sen. Butch Miller (R-Gainesville) in the Senate.
• HB 353, authored by Rep. Kasey Carpenter (R-Dalton), amends Title 33 to create the crime of staging a motor vehicle collision with the intent to commit insurance fraud. Rep. Carpenter noted that this bill is important to entities like U-Haul, and that between May 2016 to May 2018, there were over 40 instances of this occurring without criminal prosecution. Jill Travis of the Georgia Association of Criminal Defense Lawyers spoke to the bill, noting that the subject matter of this bill is already covered in the insurance fraud statute (which includes annotations referring to staging an accident). Sen. Elena Parent (D-Atlanta) asked about the penalties under the existing insurance fraud statute. The Prosecuting Attorneys’ Council has no position on the bill. The Committee adopted an amendment that would create parity in the penalties between this new offense and existing insurance fraud. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee. Sen. Bill Heath (R-Bremen) will carry the bill in the Senate.
• HB 424, authored by Rep. Deborah Silcox (R-Sandy Springs), amends Title 16 to include certain sex crimes into the definition of criminal gang activity. Rep. Silcox presented a substitute to the bill that incorporates HB 247, her bill that amends Title 16 relating to batteries against persons 65 years of age or older. Jill Travis of the Georgia Association of Criminal Defense Lawyers expressed a concern about the potential ex post facto effect of part of the Substitute. This created a myriad of questions among Committee members, so the Committee deferred action on the bill until Wednesday.

Rules Calendars for Legislative Day 38

The House will take up the following propositions on Thursday for Legislative Day 38:

• HR 228 -- President of the United States and United States Congress; enact legislation securing the citizenship of internationally adopted adult individuals; urge
• SB 2 -- Public Utilities and Public Transportation; electric membership corporations and their affiliates; authorize; broadband services; provide
• SB 6 -- Correctional Institutions of the State and Counties; use of unmanned aircraft systems to deliver or attempt to deliver contraband to a place of incarceration; prohibit
• SB 72 -- Game and Fish; hunting on wildlife management areas; prohibition; remove
• SB 77 -- State Flag, Seal, and other Symbols; additional protections for government statues; provide
• SB 135 -- Workers' Compensation; certain provisions; change

Chairman Jay Powell indicated the committee would meet Thursday morning to set a supplemental calendar.

The Senate will take up the following propositions on Thursday for Legislative Day 38:

• HB 39 -- Physical Therapy Licensure Compact Act; enter into an interstate compact
• HB 79 -- Blind persons; child custody matters; provisions
• HB 91 -- Hospitals and health care facilities; Federal Bureau of Investigation to retain fingerprints when an agency or entity is participating in the Georgia Bureau of Investigation's program; allow
• HB 228 -- Marriage; change minimum age from 16 to 17 and require any person who is 17 to have been emancipated
• HB 233 -- Pharmacy Anti-Steering and Transparency Act; enact
• HB 257 -- Council of Magistrate Court Judges; organization and provide for officers; increase authority
• HB 266 -- Revenue and taxation; income for contributions to savings trust accounts; revise deduction
• HB 281 -- Crimes and offenses; pimping and pandering; increase penalty provisions
• HB 310 -- Insurance, Department of; must submit an autism coverage report to General Assembly; move annual due date to June 15
• HB 314 -- Georgia Uniform Certificate of Title for Vessels Act; enact
• HB 321 -- Health; hospital Medicaid financing program; extend sunset provision
• HB 322 -- Local government; advertisement of certain bid or proposal opportunities; change provisions
• HB 332 -- Agriculture; service of the Commissioner of Agriculture and the president of the Georgia Farm Bureau Federation as ex officio members; revise provisions
• HB 339 -- Special license plates; Alabama A&M University; establish
• HB 353 -- Insurance; create the crime of staging a motor vehicle collision
• HB 367 -- Corporate Governance Annual Disclosure Act; enact
• HB 382 -- Outdoor stewardship; eligible applicants for and recipients of the grants; redefine
• HB 446 -- Revenue and taxation; timber producers incurring losses from Hurricane Michael; clarify that certain credits that have been transferred shall not be refundable
• HB 458 -- Fire protection and safety; use of class B fire-fighting foam for testing purposes if such foam contains a certain class of fluorinated organic chemicals; prohibit
• HB 491 -- Insurance; regulation of insurance company holding systems; update
• HB 516 -- Professions and businesses; profession of professional structural engineer; provide
• HB 525 -- Georgia International and Maritime Trade Center; rename to Savannah Convention Center
• HB 527 -- Quality Basic Education Formula; change program weights for funding purposes
• HB 530 -- Education; prohibit parents or guardians from withdrawing or removing a child from a public school for the purpose of avoiding compliance with laws relating to mandatory attendance, school discipline, parental involvement, or parental responsibilities
• HB 551 -- Controlled substances; kratom; provisions