Roadrunners, Hawks, Mariners, and other big-headed mascots flocked to the Capitol atrium today for Georgia State College Day at the Capitol, and House and Senate members also had education on their minds. While the House agreed to the Senate substitute to HB 444, Rep. Bert Reeves’s (R-Marietta) bill reforming Georgia’s Dual Enrollment program, the Senate took up and passed SB 367, Sen. P.K. Martin’s (R-Buckhead) proposition to reduce mandated State testing to near the federal minimum. Each chamber also took up a number of other bills before another full afternoon of committee meetings. Although we approach the halfway point to the week, don’t expect to breeze through to Friday. Crossover Day is four legislative days away, and there is much to do. Read on in today’s #GoldDomeReport.

In today’s Report:

• Notable Floor Action
• Committee Reports
• New Legislation
• Rules Calendars for Legislative Day 24

Notable Floor Action

The House acted on the following legislation of note today:

• HB 755, authored by Rep. Dave Belton (R-Buckhead), amends Title 20 to, among other things, provide that local boards of education shall provide local charter schools with itemized allotment sheets for the upcoming fiscal year by July 1 of each year. The House approved the measure by a 163-4 vote, and it moves to the Senate for further consideration.
• HB 789, authored by Rep. Mark Newton (R-Augusta), amends Title 33 to provide for the creation of a surprise bill rating system based upon the number of certain physician specialty groups contracted with a hospital within a health insurer's network. The House approved the measure by a 170-1 vote, and it moves to the Senate for further consideration.
• HB 830, authored by Rep. Tommy Benton (R-Jefferson), amends Title 47 to allow large State retirement systems already authorized to invest in certain alternative investments to invest up to 10% of assets in these investments. The House approved the measure by a 156-12 vote, and it moves to the Senate for further consideration.
• HB 888, authored by Rep. Lee Hawkins (R-Gainesville), is the Surprise Billing Consumer Protection Act. The House approved the measure by a 164-4 vote, and it moves to the Senate for further consideration.
• HB 932, authored by Rep. Houston Gaines (R-Athens), amends the Georgia Podiatry Practice Act to change certain provisions relating to podiatric medicine and surgery. The bill also allows for Doctors of Podiatric Medicine to join professional corporations with Doctors of Medicine or Doctors of Osteopathy. The House approved the measure by a 167-0 vote, and it moves to the Senate for further consideration.
• HB 957, authored by Rep. Jan Jones (R-Johns Creek), is a cleanup bill for charter schools in Georgia including clarification that charter school teachers can take part in the SHBP, the ownership of student records, and enrollment processes. The House approved the measure by a 165-4 vote, and it moves to the Senate for further consideration.
• HR 962, authored by Rep. Ron Stephens (R-Savannah), proposes a constitutional amendment to allow local school systems to hold a referendum election to authorize assessment of property at 20% of value for individuals 65 or older. The House approved the measure by a 163-5 vote, and it moves to the Senate for further consideration.

The Senate acted on the following legislation of note today:

• SB 307, authored by Sen. Renee Unterman (R-Buford), amends Title 49 to provide for registration of supportive housing maternity residences to provide housing for pregnant women. The Senate approved the measure by a 47-4 vote, and it moves to the House for further consideration.
• SB 367, authored by Sen. P.K. Martin (R-Lawrenceville), amends Title 20 to eliminate five exams from those mandated by the State in elementary and secondary schools. The Senate approved the measure by a 53-0 vote, and it moves to the House for further consideration.

Committee Reports

House Education Committee — Academic Achievement Subcommittee

The Academic Achievement Subcommittee of the House Education Committee, chaired by Rep. Mike Cheokas (R-Americus), met to consider one bill today. HB 1026, authored by Rep. Robert Dickey (R-Musella), amends Title 20 relating to the REACH Scholars program. The bill simply limits the number of REACH Scholars in school districts with five or more high schools to eight Scholars and school districts with fewer than give high schools to five Scholars. The bill is an adjustment from last session’s codification of the program, which set limits of 12 and 7, respectively. The Subcommittee recommended the bill DO PASS and be sent to the full Education Committee.

House Education Committee — Academic Support Subcommittee

The Academic Support Subcommittee of the House Education Committee, chaired by Rep. Wes Cantell (R-Woodstock), met to consider two bills today:

• HB 476, authored by Rep. Valencia Stovall (D-Forest Park), amends Title 20 to to provide that child entertainer students performing during one or more school days shall not be counted absent from school. While many families choose to homeschool or use studio teachers to educate child actors, Rep. Stovall explained that this bill would help families that choose to keep their child actors in traditional schools. Rep. Tommy Benton (R-Jefferson) asked if there is a limit on the number of school days allowed, to which Rep. Stovall said no. There were also several questions regarding evaluations and accountability for local school districts.

  A parent of two child actors spoke in support of the legislation, noting that it would be particularly helpful for child actors who work short-term jobs since most long-term roles have comprehensive education programs. A representative of SAG-AFTRA also spoke in support of the legislation. Tim Mitchell of the Georgia Department of Labor spoke to the Committee on the Department’s rules relating to child actors. He expressed support of the bill but not the substitute, primarily due to the use of terms with different definitions than those in the Department’s rules and regulations. The Subcommittee deferred action on the bill pending resolution of these concerns.

• HB 1055, authored by Rep. Rick Jasperse (R-Jasper), amends Title 20 to authorize home study students to participate in extracurricular and interscholastic activities in the student's resident public school system. The bill requires each such student to enroll in a virtual course in their resident school district prior to participation. Rep. Jasperse noted that he took on this issue so that the State could address it “and move on.” Rep. Bee Ngyuen (D-Atlanta) asked if students enrolled full-time a public school would get preference in activities, to which Rep. Jasperse said no. Rep. Ngyuen further asked about funding, to which Rep. Jasperse noted that local schools would get funding for the virtual courses taken by the home school students.

  Robert Costley of the Georgia Association of Educational Leaders spoke in opposition to the legislation, thanking Rep. Jasperse for his openness and candor but urging legislators to think about individuals who have not yet spoken out, particularly parents of public school children who may be displaced by homeschool students in athletics and extracurricular activities. In response to a question from Rep. Jasperse, Mr. Costley noted that one way to improve the legislation would be to allow local school districts to decide for their own districts if and how to integrate homeschool students in athletics and extracurricular activities. Speaking on behalf of the Georgia High School Association, Jimmy Stokes noted that the Association has taken a position against the bill, but the position was not unanimous. Robin Hines of the Georgia High School Association also spoke, noting that the Association does not support the bill but called for local control. Cole Muzio of the Family Policy Alliance of Georgia spoke in support of the bill, noting that 35 states already have a form of this legislation. The Subcommittee recommended the bill DO PASS by a 3-2 vote, sending the bill to the full Committee.

House Regulated Industries Committee

The House Regulated Industries Committee, chaired by Rep. Alan Powell (R-Hartwell) met this afternoon to consider multiple proposals.

• HB 996, by Representative Sharon Cooper (R-Marietta), seeks to address lasers for cosmetic purposes which were regulated a few years ago. The bill provides modernization regulations to reflect technology developments. Representative Jason Ridley (R-Chatsworth) reported that his Subcommittee heard the bill and gave it a DO PASS recommendation after finding no issues with the language. The committee subsequently recommended the bill DO PASS.
• HB 879, by Representative Brett Harrell (R-Snellville), seeks to address a provision of home delivery of beverage alcohol. He explained that the language is tightly crafted and requires any home delivered products to be compliant across three tiers. 1) The product is required to be delivered to the proper jurisdiction so taxes are collected appropriately. 2) Delivery must be during the operating hours of the originating store. 3) Someone must sign for delivery. These rules will be regulated by the Department of Revenue. Two subcommittee hearings were held on the legislation and it received a DO PASS recommendation. Representative Billy Mitchell (D-Atlanta) noted he would like to move the bill forward at the proper time.  Representative Rick Williams (R-Milledgeville) stated the bill was fully vetted. Representative Jeff Jones (R-Brunswick) asked about provisions regarding local governments’ choice not to permit delivery of alcohol in their communities. Chairman Powell indicated that Chairman Harrell worked hard at keeping the three-tier system in place. Representative Rick Williams moved DO PASS; the motion carried and bill moves to House Rules Committee.
• HB 956, by Representative Dave Belton (R-Buckhead), seeks to enact a compact for audiology and speech-language pathology professionals. It is very similar to the psychology and physical therapy compacts. It will help military spouses so that they can immediately begin working per Representative Belton.  It will provide for telehealth which will benefit rural Georgia. The Georgia Chamber of Commerce has endorsed the legislation. Chairman Jason Ridley indicated the legislation received positive feedback; a motion was made and seconded and the bill passed, moving forward to the House Rules Committee.
• HB 674, by Representative Alan Powell (R-Hartwell), seeks to establish a procedure for easier licensing for alcohol licenses. Now, it requires the local government and then go to the Department of Revenue. The factions of local government and DOR are to work together with the process starting at the local level.  The hope is to have uniformity. ACCG and GMA also spoke to the proposal.  ACCG’s Todd Edwards expressed that the commissioners would continue to work with the Department and Chairman if the bill should pass.  GMA also indicated that the cities are working to address issues. Representative Williams indicated the Subcommittee passed the legislation unanimously; it received a DO PASS recommendation today and moves forward to the House Rules Committee.

• HB 1092 (formerly HB 409), by Representative Alan Powell (R-Hartwell), seeks to address scope of practice for APRNs so that they can order radiological tests and the nurses would work under the protocols of their physicians. Line 34 changes the number of nurses who are under an agreement, moving it from 4 to 8. Healthcare network is a turf field according to Chairman Powell. The bill has not gone through Subcommittee.  Representative J. Collins (R-Villa Rica) asked, “Why is this legislation needed?” Juliana McConnell spoke for the Association of APRNs. Chairman Randy Nix (R-LaGrange) is also a strong supporter of the legislation. They must have a protocol agreement with a physician before they can write a prescription (but not a Schedule II). Now, APRNs can only order radiographic imaging in emergency situations; this removes this limitation and will allow a physician to permit an APRN to write a radiographic imaging. Under current regulations, it can delay care and increase cost.

  The APRNs are qualified according to Ms. McConnell. Every state in the country allows APRNs to write these orders except Georgia.  If a doctor has APRNs, that doctor may have up to eight APRNs under a protocol agreement. Protocols are signed individually with a physician and certain medical acts may be delegated to those APRNs. Representative Karen Bennett (D-Tucker) inquired about why they selected eight to be under the protocol agreement; it would increase the minute clinics. There are situations – like colleges, public health, etc. where there is no limit on number of APRNs which could be supervised by a physician. Rep. J. Collins feels like the changes would be beneficial to rural Georgia. Rep. Rick Williams indicated he did not have a problem with the number eight; he inquired about impacts to insurance companies. No other states have issues with insurance coverage. Representative Ridley asked how many states are doing this; Georgia is the only state not to permit writing of radiographic orders. Ms. McConnell indicated that there was no data indicating that in other states found there were more radiographic orders being written. Becky Ryles, Management Services Network (Radiology Society), indicated the bill was a usual and customary turf battle; the radiologist will gain if more studies are ordered. The radiologists do not feel the bill is in the best interest of the patients. When ordering advanced diagnostic study then they know what they are searching for and already see patients over-exposed – they believe in the right test and right time. PET imaging is not a diagnostic study but staging cancer or other medical conditions; HB 409 allowed such. Most primary care doctors refer a patient to a specialist and they will know appropriate study to order.  Radiologists are often times consulted.There are studies indicating that APRNs do order more when permitted to do these radiographs (rule in versus rule out). Chairman Powell is troubled that 49 other states allow this ordering; can’t see that Georgia is smarter than the others. The APRNs are working under the direct protocol; they cannot do things outside of their protocol. Chairman Randy Nix spoke to the proposal. There are places where doctors do not go; there are places where these nurses could go. Chairman Nix’s daughter is a nurse practitioner. For 18 years in a row, nurses have been the top trusted profession. There is turf protection which does not serve the best interest of folks in Georgia – especially getting the right care that individuals need. Bethany Sherrer, Medical Association of Georgia, spoke in tandem with the radiologists. APRNS are important part of the healthcare team. The over-prescribing of imaging is a concern to MAG. Physicians feel that the max number of the protocol – for medical review and collaboration – should be six. Senate bill is seeking to look at ratios; MAG is neutral on that bill. Ms. Sherrer indicated MAG was in opposition to the language contained in HB 409. The bill received a DO PASS from Representative J. Collins; a second was made to Representative Powell’s motion. 

  Chairman Powell asked if the Committee had thoughts on whether it should be six or eight under an agreement; no one presented anything about safety,  Representative Bennett asked to amend lines 34-35, moving it from eight to six. Over-utilization and under-utilization of tests; Representative Jones did not want to be a party to over utilization of services and needs an answer to that prior to voting.  Representative Mitchell asked for information on data about the amendment.  Ms. Sherrer indicated that MAG would like to see limit to six – for APRNs or PAs. Does anyone have information on limits to protocols in other states? For Physician’s Assistants, it is two PAs to one physician. Florida, North Carolina and other surrounding states – some have a “mixed” ratio of these professionals.  None are known to have eight but some have combinations. Representative Bennett’s amendment passed but with two no votes. The bill, as amended, passed as a Committee Substitute.

Senate Judiciary Committee

The Senate Judiciary Committee, chaired by Sen. Jesse Stone (R-Waynesboro), met late on Monday to consider a number of propositions:

• SB 344, authored by Sen. Jeff Mullis (R-Chickamauga), amends Titles 24 and 35 relating to when a prisoner or inmate may appear via video conference for a legal proceeding. The bill will allow these individuals to appear for certain preliminary and post-conviction proceedings and has been developed in collaboration with the Department of Corrections. According to Superior Court judges who testified, the bill will reduce costs of transportation and increase efficiencies in the courthouse. Jill Travis of the Georgia Association of Criminal Defense Lawyers spoke to the legislation, calling for an opportunity for the defendant to object. A criminal defense lawyer appearing with Ms. Travis also expressed concern about the breadth of proceedings covered by the bill and constitutional implications. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• SB 423, authored by Sen. John Albers (R-Alpharetta), is the “Max Gruver Act.” The bill amends Titles 16 and 20 to address hazing at postsecondary institutions. Specifically, the legislation criminalizes some hazing behavior and creates a civil right of action. It also creates a reporting requirement and process for the University System of Georgia and the Technical College System of Georgia. The parents of Max Gruver, who died in a hazing incident at LSU, spoke in support of the legislation. GACDL expressed concern about the breadth of the statute and that the bill as written may criminalize behavior beyond the forced consumption of alcohol at the center of the hazing concern. Due to a late arriving substitute, the Committee deferred action until Wednesday’s meeting.
• HR 1023, authored by Rep. Andy Welch (R-McDonough), provides for a “narrow waiver” of sovereign immunity for citizens to sue the State. The bill only provides a waiver for declaratory relief. Rep. Welch also spoke to a proposed amendment that would allow for injunctive relief only after a court awards declaratory relief. Thomas Weaver, a member of the public, called for the legislation to be expanded to cover local boards of education. Rep. Welch recommended that the suggestion not be entertained at this time because there is other recourse for the actions of local school boards. The Committee adopted the amendment proposed by Rep. Welch and then recommended the resolution DO PASS by Committee Substitute and be sent to the Rules Committee.
• SR 841, authored by Sen. John Kennedy (R-Macon), noted that his resolution is the same as Rep. Welch’s HR 1023. This Senate version was presented “in an abundance of caution” to have another vehicle for the proposition. The Committee adopted the same amendment as that which was applied to HR 1023, and the Committee recommended the resolution DO PASS by Committee Substitute and be sent to the Rules Committee.
• SB 443, authored by Sen. Jesse Stone (R-Waynesboro), amends Titles 18 and 20 relating to garnishments under Georgia law. After an exhaustive review of the 42-page bill, the Committee quickly recommended the bill DO PASS and be sent to the Rules Committee.
• SB 439, authored by Sen. P.K. Martin (R-Newnan), amends Title 15 relating to foster, pre-adoptive, and relative caregivers. Specifically, the bill provides for enhanced notice to and improved participation of foster, pre-adoptive, and relative caregivers in certain hearings and provides for the court's consideration of issues relevant to a child's placement, care, well-being, and permanency raised by such persons. The Division of Family and Children Services is supportive of the bill. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• SB 442, authored by Sen. William Ligon (R-Brunswick), amends Title 44 to prohibit amendments to property owners' association instruments and covenants that restrict rental of residential lots and plots. Sen. Ligon proposed an amendment to the bill that would strike lines 26 through 44 and replace it with simplified language. The National Rental Home Council spoke in support of the bill and amendment. The bill would only apply to associations organized under the George Property Owners’ Association Act. The Committee adopted the amendment and recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

The Committee did not hear SB 453 on request of the author.

House Special Committee on Access to Quality Healthcare

The House Special Committee on Access to Quality Healthcare, chaired by Rep. Mark Newton (R-Augusta)  met this afternoon to consider three measures. Chairman Newton began the meeting by explaining that the committee will not take action on any of the measures today.

• HB 542, authored by Rep. Todd Jones (R-Cumming), amends Title 31 to authorize health care facilities to purchase and sell charity care credits through an exchange to meet their indigent and charity care requirements. The bill sets a threshold of 200% of the federal poverty level as a floor for charity care and establishes an exchange for credits. The first year of the system would be “a test” followed by a three-month review period to perfect the system. Afterward, facilities could trade credits through bilateral contracts. Rep. Jones explained that the system would exist in three year blocks because hospitals need terms longer than one year to make these types of decisions. Rep. Clay Pirkle (R-Ashburn) expressed his appreciation for the bill which he says presents an opportunity to change how healthcare is viewed. Rep. Penny Houston (R-Nashville) asked how the bill distinguishes between nonprofit and for-profit hospitals. Rep. Jones explained that the bill only covers nonprofit hospitals.

  Keri Conley of the Georgia Hospital Association explained that indigent care is not the only form of uncompensated care. Ms. Conley mentioned that indigent and charity care numbers should decrease as a result of the state’s Medicaid waiver; however, the bad debt payments will not decrease as a result of this--leading to a stagnant level of uncompensated care. Ms. Conley also explained how the hospital provider tax helps solve the problem of geographically mismatched hospitals. She did note that this bill, as written, would provide a significant administrative burden on DCH. Chairman Newton asked if this bill would lead to hospitals with high indigent care numbers receiving more money. Ms. Conley responded that she is not completure sure what would actually happen. The committee did not take action on this bill.

• SB 303, authored by Sen. Ben Watson (R-Savannah), enacts the Georgia Right to Shop Act. Sen. Watson explained that he is excited to work with the House on a variety of health care measures. Sen. Watson characterized the bill as a transparency measure to allow consumers to have a better understanding of their health care costs. Rep. Pirkle asked if consumers would be able to understand the metrics that are displayed about hospitals. Sen. Watson explained that these rules would ultimately be up to the Insurance Commissioner to promulgate. Chairman Newton noted that the bill would require disclosure of a lot of information to non-customers.

  Jesse Weathington of the Georgia Association of Health Plans spoke on the bill and encouraged the Committee to “start small” and look at how other states have implemented “right to shop” legislation. He also encouraged limiting the information reporting requirements to a set collection of procedures and services rather than the entire universe of procedures and services covered by insurers and limiting access to plan members. Alan Hayes spoke on behalf of America’s Health Insurance Plans, noting that AHIP is “generally supportive” of the bill and reiterating Mr. Weathington’s points. The Committee held the bill for further consideration.

• HB 991, authored by Rep. Matt Hatchett (R-Dublin), was not heard due to time constraints.

New Legislation

The following legislation of interest was introduced in the House today:

• HB 1084, authored by Rep. Mike Cheokas (R-Americus), amends Chapter 12 of Title 50 to create the Georgia Endowment for Teaching Professionals for the purpose of receiving and distributing funds for the support of teachers in high demand subject areas. This bill was referred to the House Higher Education Committee.
• HB 1092, authored by Rep. Alan Powell (R-Hartwell) seeks to address scope of practice for APRNs so that they can order radiological tests and the nurses would work under the protocols of their physicians. This bill was referred to the House Regulated Industries Committee

The following legislation of interest was introduced in the Senate today:

• SB 477, authored by Sen. Kay Kirkpatrick (R-Marietta), amends O.C.G.A. 17-4-20.1 to alter language related to procedures for law enforcement officers to handle domestic disputes. Specifically, the bill prohibits officers from making statements or threats to arrest all parties involved in the incident. This bill was referred to the Senate Judiciary Committee.
• SB 479, authored by Sen. P.K. Martin (R-Lawrenceville), amends O.C.G.A. 40-6-241 to prohibit any person under 18 from using a cell phone while driving. This bill was referred to the Senate Public Safety Committee.
• SB 481, authored by Sen. Matt Brass (R-Newnan), amends multiple Code Sections to add language clarifying that certain definitions of marijuana or THC related products are do apply to products approved by the federal Food and Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic act. This bill was referred to the Senate Regulated Industries Committee.
• SB 482, authored by Sen. Dean Burke (R-Bainbridge), creates a new Code Section at O.C.G.A. 31-53-40 to mandate a state all-payer claims database within the Office of Health Strategy and Coordination. This bill creates an advisory committee to develop a framework for the implementation and operation of the database. This bill was referred to the Senate Health and Human Services Committee.
• SB 483, authored by Sen. Matt Brass (R-Newnan), creates a new Code Section O.C.G.A. 31-2-17 to provide that DCH must provide Medicaid reimbursement at 100% of cost for any behavioral rehabilitation joint venture in the second year of the operation of the venture. Additionally, the bill specifies that any proceeds from the rural health tax credit shall not count against a hospital's cap.
• SB 486, authored by Sen P.K. Martin (R-Lawrenceville), creates a new Code Section at O.C.G.A. 20-2-281.2 to require local school systems, the State Charter School Commission, and the Department of Juvenile Justice to administer — using state funds — either the SAT or ACT to all public school students enrolled in grade 11. The bill also requires DoE to work with DJJ to ensure students transitioning to and from DJJ schools are able to take these tests.

Rules Calendars for Legislative Day 24

The House is expected to take up the following measures on Wednesday for Legislative Day 24:

• HB 882 - Sales and use tax; exemption for the sale of food and food ingredients to qualified food banks; eliminate sunset period (W&M-Houston-170th)
• HB 897 - State Forestry Commission; create a standing timber notification website; require (A&CA-Burchett-176th)
• HB 918 - Pharmacies; various provisions relating to the practice of pharmacy; revise
• (Substitute)(SCQHC-Cooper-43rd)
• HB 946 - Insurance; extensive revisions regarding pharmacy benefits managers; provide (Substitute)(SCQHC-Knight-130th)
• HB 947 - Community Health, Department of; engage an actuary to conduct a study of the fiscal impact of carving out pharmacy benefits from the state's current Medicaid care management organizations; require (SCQHC-Knight-130th)
• HB 969 - Housing; certain provisions pertaining to unlawful practices in selling or renting dwellings and the procedures, remedies, and judicial review related thereto; change (Judy-Efstration-104th)

The Senate is expected to take up the following measures on Wednesday for Legislative Day 24:

• HB 105 - Income tax; certain income received by taxpayers as payments from a disaster relief or assistance program administered by the United States Department of Agriculture in connection with Hurricane Michael; exempt (Substitute) (FIN-51st) Watson-172nd
• HB 792 - Supplemental appropriations; State Fiscal Year July 1, 2019 - June 30, 2020 (Substitute) (APPROP-4th) Ralston-7th
• SB 323 - Professions and Businesses; patient protection measures; undergoing sedation in certain settings; provide (Substitute) (H&HS-32nd)
• SB 372 - Public Health; provisions; modernize, clarify, and update; certain councils and committees; eliminate (Substitute) (H&HS-19th)
• SB 395 - Public Health; provisions; modernize, clarify, and update; certain councils and committees; eliminate (Substitute) (H&HS-19th)
• SB 407 - Forest Resources and Other Plant Life; harvest and sale of palmetto berries; regulate (Substitute) (NR&E-7th)
• SB 429 - Code Revision Commission; statutory portion of said Code; revise, modernize, correct errors or omissions in, and reenact (Substitute) (JUDY-3rd)