Wrapping up their legislative week, the Senate adopted two provisions today closely watched by state agencies and local school districts. First, the Senate adopted its version of HB 683, the Amended FY 2018 Budget, by a vote of 53 to 0. House and Senate leaders will now work to reconcile their versions and send a unified proposal to Governor Deal.  The Senate also adopted SB 362, Sen. Lindsey Tippins’s (R-Marietta) innovative assessment pilot program for public schools, by a vote of 52 to 0. The bill, which is part of an effort led by Chairman Tippins and Lt. Governor Casey Cagle, exempts up to ten participating districts from certain state-wide assessment requirements while the districts pilot other assessment models.

In this Report:

• Committee Reports
• New Legislation
• Rules Calendars for Legislative Day 23

Committee Reports

Senate Health and Human Services Committee

The Senate Health and Human Services Committee, chaired by Sen. Renee Unterman (R-Buford), met today to consider three bills:

• SB 334, authored by Sen. Renee Unterman (R-Buford), seeks to transfer the Georgia Board of Nursing to the Department of Community Health from the jurisdiction of the Secretary of State’s Office.  Several representatives from the Board of Nursing and of various nursing organizations from across the state rose in support of this bill.  They noted that the administration of the Georgia Board of Nursing is currently being poorly handled and hinders them from doing their job.  They also noted that some investigations into complaints on nurses can take over 400 days—allowing a nurse who should not be practicing to continue working during that time.  In addition, the Board currently does not have authority over the investigators or any ability to speed up this process.  For several months last year and with no input from the Board, the Secretary of State also appointed a new Executive Director—without providing for the exit of the old Director.  Thus, no one was certain as to who was supposed to be leading the agency.  Jessica Simmons, Chief of Staff of the Secretary of State, then rose to speak--causing  Sen. Unterman to note that she was upset that the Secretary of State did not himself appear.  She also noted that some unkind things had been posted on Facebook about her by a member of the Secretary of State’s Office.  The Secretary of State’s Office opposes the bill because they believe they can keep costs of running the Board and licensing nurses down.  They are also concerned about cuts to their budget.  Russell Lewis, the acting Chief Investigator for the Board, spoke, noting that they work diligently to investigate complaints against nurses.  He also said that the average number of days to close a case is 189 days.  Their number one goal is to ensure that the Board has all of the information possible, not a speedy conclusion.  Chairwoman Unterman noted that the Secretary of State’s Budget was not changed when the Dental and Pharmacy boards moved out.  The Committee unanimously passed the bill DO PASS.
• SB 351, authored by Sen. Renee Unterman (R-Buford), expands the scope of practice for advanced practice registered nurses (“APRN”). The legislation allows APRNs primarily working in a county of 50,000 or fewer residents to order computed tomography (CT) scans and to prescribe, procure, administer, dispense, and furnish pharmacological agents, including over-the-counter and controlled substances without the protocol agreements generally required by O.C.G.A §§ 43-34-23 and 43-34-25. This bill was on the agenda, but was not heard due to time limitations.
• SB 325, authored by Sen. Kay Kirkpatrick (R-Marietta), called the "Interstate Medical Licensure Compact Act," was on the agenda, but was not heard due to time limitations.

House Education Committee

The House Education Committee, chaired by Rep. Brooks Coleman (R-Duluth), met today to consider five propositions:

These bills were sent to Subcommittee:

• Academic Achievement:
       HB 844, authored by Rep. Penny Houston (R-Nashville):  Georgia Commission on Hearing Impaired and Deaf Persons; revise provisions.
• Academic Support:
       HB 494, authored by Rep. Katie Dempsey (R-Rome): Early care and learning; safety of children in early care and education programs; revise certain provisions.
       HB 932, authored by Rep. Tommy Benton (R-Jefferson):  Education; age of mandatory education from 16 to 17; raise.
       HB 936, authored by Rep. Ron Stephens (R-Savannah):  Education; school year shall not begin prior to the third week in August; provide
• Innovation:
       HR 1036, authored by Rep. Dar’Shun Kendrick (D-Lithonia):  State of Georgia; fund public awareness campaign in support of computer science education; urge
• Full Committee consideration:
       HB 908, authored by Rep. Robert Dickey (R-Musella): Education; certain individuals over 20 years old may be eligible to enroll in a state charter school; provide
       HR 1162, authored by Rep. Brooks Coleman (R-Duluth):  House Study Committee on the Establishment of a State Accreditation Process; create
• HB 853, authored by Rep. Katie Dempsey (R-Rome), permits funding to follow Georgia students who are in a psychiatric residential treatment facility under a physician’s order. The Committee voted the bill DO PASS.
• HR 354, authored by Rep. Dar’Shun Kendrick (D-Lithonia), urges schools to have DBHDD-vetted mental health training materials to be placed in schools. The Committee voted the bill DO PASS.
• HB 787, authored by Rep. Scott Hilton (R-Peachtree Corners) makes changes the charter School laws. It would permit charters to access RESAs. It also makes changes to funding - no longer using statewide average of lowest five. Rep. Brenda Lopez (D-Norcross), attempted to add an amendment to make it the intention of the General Assembly to decrease ongoing austerity cuts.  However, her amendment failed.  The Committee voted the bill DO PASS.
• 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.  Children’s Healthcare of Atlanta and American Heart Association will supply materials at no cost.  The Committee voted the bill DO PASS as a Committee Substitute.
• HB 762, authored by Rep. Wes Cantrell (R-Woodstock), requires public schools to provide age-appropriate sexual abuse and assault awareness and prevention education in kindergarten through grade 9 as part of their annual sex education courses. It also allows for in-service and continuing education for educators in sexual abuse and assault awareness and prevention. Under ESSA, schools have access to funding and curriculum to support this educational effort.  The Committee voted the bill DO PASS with an amendment from Rep. David Casas (R-Lilburn) addressing professional learning requirements for educators.
• 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 voted the bill DO PASS.
• HR 354, authored by Rep. Dar’shun Kendrick (D-Lithonia), urges local board of education to provide a list of training materials meant to increase awareness of mental health issues and disabilities. The Committee voted the bill DO PASS.
• HR 1017, authored by Rep. John Corbett (R-Lake Park), encourages all schools, local educational agencies and the state educational agency to recognize that dyslexia has a profound educational impact and should be addressed.  The Committee voted the bill DO PASS.
• HB 852, authored by Rep. Michael Smith (D-Marietta), addresses attendance of a child moving to a different zone as long as they meet certain criteria.  The Committee voted the bill DO PASS.

Senate Regulated Industries Committee, chaired by Sen. Frank Ginn (R-Danielsville), heard two bills.

• SB 355, authored by Sen. Chuck Hufstetler (R-Rome), allows for the recovery of costs of financing a Nuclear Generating Plant.  He inserted a sunset clause, however no other changes have been made since the Committee last heard the bill. There was no discussion and the Committee unanimously voted the bill DO PASS.
• SB 402, authored by Sen. Gooch, is entitled the "Achieving Connectivity Everywhere (ACE) Act" and attempts to increase incentives for companies to expand broadband internet and cable services connectivity to rural areas of Georgia.  This substitute included a request from the Department of Transportation to update the language on right of ways to make it more in compliance with Federal laws and regulations.  In particular, it notes that net revenues that are not subject to the federal law or regulations shall be paid into the state treasury.  It also adds in the words “cable and broadband services to slightly expand the scope of the bill.  It calls for not less than 25 bytes per second and states that there must be at least a 50/50 split for costs.   The Committee unanimously voted the bill DO PASS.

House Ways and Means – Ad Valorem Tax Subcommittee

The Ad Valorem Tax Subcommittee of House Ways and Means, chaired by Rep. Brett Harrell (R-Snellville), met and heard three bills today:

• HB 677, authored by Rep. Paulette Rakestraw (R-Hiram), provides for a homestead exemption from ad valorem taxes for state, county, municipal, or school purposes for deployed service members in an amount proportional to the period of deployment during the preceding calendar year. No action was taken on the bill. Rep. Rakestraw reported that this exemption was recommended by the BRAC Commission as a consideration during relocation discussions. No action was taken on the bill.
• HB 820, authored by Rep. Beth Beskin (R-Atlanta), establishes a procedure for counties following a rejection of a tax digest. The bill is in response to the rejection of the Fulton County tax digest in 2017. Rep. Beskin presented a substitute that would limit the bill’s effect to rejections in 2017 so it would not apply to prospective rejections. The Subcommittee recommended the bill DO PASS and be sent to the full Ways and Means Committee.
• HB 888, authored by Rep. David Knight (R-Griffin), changes the reporting requirements for freeport tax exemptions. Among other things, the bill expands the scope of substantial modification in the ordinary course of manufacturing, processing, or production operations to include the assembly of finished parts or components into completed engines. The Georgia Association of Manufacturers spoke in favor of the bill. No action was taken on the bill.

House Ways and Means Committee

The House Ways and Means Committee, chaired by Rep. Jay Powell (R-Camilla), met today to consider four propositions:

• HB 482, authored by Rep. Wes Cantrell (R-Woodstock), is the Georgia Educational Scholarship Account and allows for a student to take the state portion of his or her educational funding and direct it to an account to pay for educational expenses. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 793, authored by Rep. Dominic LaRiccia (R-Douglas), extends the sunset for a sales tax exemption on construction materials for the Georgia Aquarium for an expansion until 2022. The bill came back through the Committee to add an additional exemption for a specific museum. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 820, authored by Rep. Beth Beskin (R-Atlanta), establishes a procedure for counties following a rejection of a tax digest. The bill is in response to the rejection of the Fulton County tax digest in 2017. Rep. Beskin presented a substitute that would limit the bill’s effect to rejections in 2017 so it would not apply to prospective rejections. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.
• HB 840, authored by Rep. Bill Hitchens (R-Rincon), provides an exemption from penalties and interest for failure to pay occupation tax or fee in the event of military service in a combat zone. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 849, authored by Rep. Allen Peake (R-Macon), provides for the reporting of federal partnership adjustments, provides for Georgia partnership and pass-through entity adjustments and assessments and related appeals, and revises the provisions relating to the reporting of other federal adjustments. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 871, authored by Rep. Dominic LaRiccia (R-Douglas), creates an exemption from state sales and use tax for 50 percent of the sales price of manufactured homes to be converted into real property in this state. The goal of the bill is to create tax parity between manufactured homes and site-built homes.
• HR 238, authored by Rep. Sam Watson (R-Moultrie), proposes an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an annual allocation of 75 percent of the revenue derived from the state sales and use tax with respect to the sale of outdoor recreation equipment to a trust fund to be used for the protection and preservation of conservation land. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Judiciary Non-Civil Committee

The Committee, under the leadership of Rep. Bert Reeves (R-Marietta), took up four bills today. All passed with no comment from public or amendments:

• HB 732 was presented by Rep. Deborah Silcox (R-Atlanta) and addresses sentencing issues pertaining to sex slavery crimes. It adds “patronizes.”
• HB 825 was presented by Rep. Rick Williams (R-Milledgeville). This legislation was brought by GBI and allows the agency to inter or disinter remains of deceased who are Jane or John Does.
• HB 830 was presented by Rep. Buddy Harden (R-Cordele) which is annual drug update. It contains additional drugs which are new Schedule 1 drugs; new Schedule 2 (synthetic marijuana); new generic drugs; and clean up issues.
• HB 890 was presented by Rep. Barry Fleming (R-Harlem) which makes it a misdemeanor in a shoplifting offense for the individual perpetuating the crime to leave an exit door of a retail business.

The House Small Business Development Committee, chaired by Rep. Sam Watson, (R-Moultrie), met today to hear SB 2, which was originally presented during the last session.

• SB 2, authored by Sen. Mike Dugan (R-Carollton), is called "The FAST Act - Fairness, Accountability, Simplification, and Transparency - Empowering Our Small Businesses to Succeed" and amends Chapter 60 of Title 36, Chapter 1 of Title 43 and Title 50 of the O.C.G.A.  Working with applicable counties and municipal corporation, general provisions regarding professions and businesses, and state government, the goal of this bill is to make it easier to create small businesses in Georgia and was extensively vetted during last year’s Session. It primarily hopes to enhance accountability and notice requirements for agency rule allowing for a reduction in regulatory burdens on businesses. There is no mandate, and there is room in the law to allow different cities to set their own limits.  There were no changes to the bill from last year with the exception of updating the dates.   Rep. Michele Henson was late due to another Committee meeting and missed the allocated time for questions, although she had several.  The majority of the Committee voted this bill DO PASS to the Rules Committee.

The Setzler Subcommittee of the House Judiciary (Non-Civil) Committee, chaired by Rep. Ed Setzler (R-Acworth), met on Wednesday and took action on three bills and heard an abbreviated version of the fourth due to time restraints.

• HB 825, authored by Rep. Rick Williams (R-Milledgeville), allows the GBI to inter or disinter the 260 John and Jane Doe skeletal remains they currently have in storage.  These are remains that have not been identified, although they have stored information on a federal database so that they can hopefully be identified in the future and returned to the families, if so desired.   Author noted that these remains may not be that of a full skeleton, for example, it could be comprised of only a skull. The Subcommittee unanimously voted DO PASS to full Committee.
• HB 830, authored by Rep. Buddy Harden (R-Cordele), is the annual clean-up of the dangerous drugs list including Schedule I and II drugs.  The Committee unanimously voted DO PASS to the full Committee.
• HB 623, authored by Rep. Andrew Welch (R-McDonough), allows the Georgia Crime Information Center of the GBI the ability to retain fingerprints of certain individuals under certain circumstances and submit those finger prints to the Federal Government when required.  This bill applies for the removal of someone is no longer employed, licensed or permitted by the state.  It also allows employment and certification centers to look up the criminal history of employees.  Ashley Cooper spoke on behalf of DFACS, noting that they were worried about vulnerable populations, such as foster children.  The committee held the bill in order to clean up some of the language.
• HB 837, authored by Rep. Mary Margaret Oliver (D-Decatur), provides for the statewide uniformity of policies concerning law enforcement contact with sexual assault victims.  Rep. Oliver gave a quick overview of the bill and it will appear in Committee at a later date due to a lack of time.

The Judiciary (Civil) Fleming Subcommittee, chaired by Rep. Barry Fleming (R-Harlem), heard two bills Wednesday.

• HB 896, authored by Rep. Chuck Efstration (R-Dacula), changes provisions regarding the guardianship of adults.  It doesn’t change the uniform act which is codified, but it does make changes to previous editions of the guardianship code.  The subcommittee unanimously voted the bill DO PASS to the full Committee.
• HB 897, authored by Rep. Chuck Efstration (R-Dacula), revises the Georgia Power of Attorney Act. The subcommittee unanimously voted the bill DO PASS to the full Committee.

New Legislation

The following propositions were introduced in the House:

• HB 932, authored by Rep. Tommy Benton (R-Jefferson), amends Title 20 to raise the age of mandatory education from 16 to 17. The bill also revises provisions relating to adult literacy services to make those services available for those over the age of 17 rather than 16.
• HB 936, authored by Rep. Ron Stephens (R-Savannah), amends Title 20 to provide that no public school year shall begin prior to the third week in August. The bill does exclude schools that operate year-round.
• HB 941, authored by Rep. Debra Bazemore (D-Riverdale), amends Title 20 to provide for instruction in public schools on the best practices for and risks associated with the use of tampons in an existing course of study in sex education and AIDS prevention instruction. The bill also encourages doctors and nurses working in schools and providing a tampon to a student provide disclosures regarding the proper use and risk.
• HR 1162, authored by Rep. Brooks Coleman (R-Duluth), creates a House Study Committee on the Establishment of a State Accreditation Process. The Committee would be charged with studying the resources and structure that would be necessary; an analysis of aligning accreditation review with charter or contract renewal for charter systems and strategic waivers school systems, respectively; the possible establishment of a state process for the annual review of system charters and contracts; possible consequences of losing state accreditation that could be utilized; and the possibility of establishing a school board review commission.
• HR 1166, authored by Rep. Sharon Cooper (R-Marietta), urges the creation of a State of Georgia Council on Respiratory Health Promotion. Such a Council would address issues affecting health promotion services, including professional and patient education; successful respiratory disease education strategies; personnel preparation and continuing education; state expenditures for treatment of chronic diseases; screening services; and public awareness.
• HR 1194, authored by Rep. David Knight (R-Griffin), creates the House Study Committee on Retrospective Emergency Room Policies.

The following propositions were introduced in the Senate:

• SB 429, authored by Sen. Matt Brass (R-Newnan), creates a streamlined purchasing process for the Department of Family and Children Services. Specifically, it allow DFCS to enter into contracts for the purchase of or may purchase services for children or families to whom it is providing child welfare services without competitive bidding.
• 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.
• SB 432, authored by Sen. John Albers (R-Alpharetta), is the Georgia Tax Credit Business Case Act and amends Title 48 to provide for the expiration of certain tax credits. The bill eliminates income tax credits for, among other things, rural physicians, retrofitting certain single-family homes with accessibility features, qualified caregiving expenses, disaster assistance, private driver education courses, qualified life insurance premiums for National Guard and Air National Guard members, qualified child and dependent care expenses, qualified donation of real property, qualified health insurance expenses, adoption of a foster child, employers providing child care. The bill provides for varying expiration dates between 2019 and 2023.
• SB 434, authored by Sen. Renee Unterman (R-Buford), amends Title 49 to change the name of the Georgia Board for Physician Workforce to the Georgia Board of Health Care Workforce. It also expands the Board’s duties to include location and determination of underserved areas in need of advanced practice registered nurses in addition to physicians.
• SB 435, authored by Sen. Brandon Beach (R-Alpharetta), revises the enforcement of civil monetary penalties regarding violations of the duties of a driver when meeting or overtaking a school bus.
• SB 437, authored by Sen. Chuck Payne (R-Dalton), requires that when a minor child is a candidate for nonresuscitation, an order not to resuscitate shall be issued only with the oral or written consent of the minor's parent, guardian, or legal custodian.
• SB 439, authored by Sen. Freddie Powell Sims (D-Dawson), provides for the withholding of funds at the discretion of the State Board of Education for a local board of education that receives an audit report of findings of irregularities or budget deficits for three consecutive years or that fails to complete a corrective action plan. The bill also provides for removal of members of a local board of education in the same situation.
• SR 782, authored by Sen. Jeff Mullis (R-Chickamauga), recognizes September 1, 2018, as Childhood Cancer Awareness Day in Georgia.

Rules Calendars for Legislative Day 23

The House will take up seven propositions on Monday:

• HB 327  - Alternative ad valorem tax; motor vehicles; change manner for determining fair market value
• HB 670 - Georgia State Council for Interstate juvenile Supervision; number of legislative branch representatives; revise
• HB 693 - Solid waste management; authorization to enforce collection of taxes, fees, or assessments; repeal provisions
• HB 717 - Motor vehicles; applicability of certain consumer protection laws to autonomous vehicles; provide
• HB 780 - Banking and finance; changes to provisions applicable to financial institutions; provide
• HB 816  - Revenue, Department of; mandatory fingerprinting and criminal record checks for certain individuals; provide
• HR 1076  - Federal government; provide port funding; urge

The Senate will take up six bills on Monday:

• SB 184 - Integrated Population Health Data Project; establish; governing board and provide for its membership and terms; create
• SB 301 - "Revised Uniform Fiduciary Access to Digital Assets Act"; enact
• SB 330 - "Green Agricultural Education Act"; three-component model; provide
• SB 356 - Georgia Commission on the Holocaust; membership; change
• SB 371 - Taxes; furnishing of sales and use tax information to municipalities and counties; change provisions
• SB 381 - Surplus Line Insurance; nonadmitted insurer domiciled in this state will be deemed a domestic surplus lines insurer if certain criteria are met; provide