After shifting to a lower gear last week in an effort to look more closely at the State’s revenues and develop a spending plan for the remainder of Fiscal Year 2020, lawmakers reconvened this morning for Legislative Day 13. The break was obviously a productive one, as House Appropriations Committee members convened early this morning to adopt the Committee’s version of the Amended FY20 Budget that was hammered out over the last ten days. Their take on the budget, which can be found here, is due up on the House floor for consideration tomorrow.

Meanwhile, other legislative committees jolted back into action today, making up for lost time with multiple meetings as legislators attempt to push measures forward as we approach the halfway mark toward Crossover Day. Today’s return marked the beginning of a marathon, as legislators are expected to have only two weekdays in adjournment between now and that fateful day on March 12. We will be here, so try to keep up with the #GoldDomeReport.

In today’s Report:

• Committee Reports
• New Legislation
• Rules Calendar

Committee Reports

House Retirement Committee

The House Retirement Committee, chaired by Rep. Tommy Benton (R-Jefferson), met today to consider three bills:

• HB 390, authored by Chairman Benton, amends Title 47 to provide that certain members of the Teachers Retirement System be eligible to obtain creditable service for international teaching service by paying the full actuarial cost of obtaining such creditable service. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 830, also authored by Chairman Benton, amends Title 47 to allow State retirement systems that currently allow investment in alternative investments to invest up to 10% of their assets in such vehicles. Investment is currently limited to 5% of assets. Margaret Ciccarelli with the Professional Association of Georgia Educators spoke to the bill, noting that if it is passed along with SB 294, Sen. Ellis Black’s (R-Valdosta) proposition allowing TRS to invest in alternative investments, the 10% cap would apply to TRS, too (Sen. Black’s bill proposes a 5% cap). The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 109, also authored by Chairman Benton, amends Title 47 to make several changes to the Teachers Retirement System. This bill has seen many iterations since introduction, but the version heard in Committee today makes only two changes to TRS. First, it limits new TRS members from using sick leave to achieve more than one year of creditable service for retirement purposes. Second, the bill changes the cost of living adjustments now provided twice per year to once per year and limits such adjustments to 3 percent. Prior to taking testimony, Chairman Benton stated that there would be no vote on the bill today, but speakers would have two minutes each to express their concerns. Several educators, including one from Gwinnett and one from Lowndes County, spoke in opposition to the bill. Representatives of the Georgia Retired Educators Association and Georgia Association of Educators also spoke in opposition. Craig Harper, Executive Director of the Professional Association of Georgia Educators, called for a study to show if proposed reforms would have a positive impact on TRS and for trust in the TRS Board. Robert Costley of the Georgia Association of Educational Leaders called for a focus on quality teachers and impact on students in considerations of TRS legislation. The Committee took no action on the bill today.

House Special Committee on Access to Quality Health Care

The House Special Committee on Access to Quality Health Care, chaired by Rep. Mark Newton (R-Augusta), met today to consider HB 888, Rep. Lee Hawkins’s (R-Gainesville) “Surprise Billing Consumer Protection Act. The bill, which was considered as a Substitute (LC 46 0275S), makes a number of changes to Title 33 purporting to provide protections to health care consumers. These include a requirement that out-of-network health care providers bill a patient’s insurer directly for services and an insurer pay and provider accept payment calculated through a specified methodology. Rep. Matt Hatchett (R-Dublin) expressed interest in offering an amendment that would encompass health care facilities in this provision, but no amendments were accepted by the Chair. On a motion Do Pass, the Committee had a tie vote that was broken by the Chair. Therefore, the Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Education Committee -- Academic Support Subcommittee

The Academic Support Subcommittee of the House Education Committee, chaired by Rep. Wes Cantrell (R-Woodstock), met to consider one bill today. HB 855, authored by Rep. Marcus Wiedower (R-Watkinsville), amends Title 20 to require the State Board of Education adopt criteria for the determination of foster care students’ eligibility for special education. Specifically, the bill lists evidence of the effect of trauma on a foster care student’s school performance. Despite some concern about the bill as written achieving the author’s intent, the Subcommittee recommended the bill DO PASS and be sent to the full Education Committee.

The Subcommittee was also slated to hear HB 764, Rep. Todd Jones’s (R-South Forsyth) bill relating to use of unused State facilities by charter schools, but the bill was not heard as the State Properties Commission said it was unnecessary.

House Juvenile Justice Committee

Today, Chairman Mandi Ballinger (R-Canton) and her Committee heard more testimony on HB 440. Her bill contemplates raising the age from 17 to 18 for juvenile court jurisdiction. GACDL provided speakers to testify about positives of increasing the age of jurisdiction to 18. The testimony was that children are different; adolescent development is different; 17 year olds are children; society draws line for adults at 18 yet some of these children are in juvenile court. Some testimony accented programs provided children in juvenile settings - which they do not receive if held in jail, including the School Justice Partnership. A new auditors’ report shows that 29 percent of RYDC beds are empty; 50 percent of YDC beds are empty. The report also reflects costs to operate DJJ facilities of $50.5 million. However, GACDL folks argued that there was no need for four new DJJ facilities especially as there is a decline in the number of youth offending. Attorneys presenting stated that youth struggle with being in jail. Some spend at minimum 24 hours for felony charges and if they get bond it may be a minimum of 2-4 days. Sometimes, they can be in jail 6-12 days for lack of money for bond. There is no mandate to try youth as adults. There is a federal law change taking effect in January 2021 which will require children less than 18 to be segregated (sight and sound) from youth who are older. This will impact Georgia if it does not address Raise the Age. What will happen will be placing the young youth in solitary confinement which can have devastating effects. No vote was taken on HB 440 today.

Senate Regulated Industries

The Senate Regulated Industries Committee, chaired by Sen. Bill Cowsert (R-Athens), met this afternoon to consider a single measure. SB 364, authored by Sen. Steve Gooch (R-Dahlonega), eliminates a percentage cap on the amount an EMC may invest in a gas marketing affiliate. Under current law, EMCs can invest up to 15% of their plant utilities, excluding electric generation and transmission assets. Sen. Gooch explained that currently only one company, Gas South, would be able to take advantage of this change. Sen. Gooch also noted that this bill does not change any cross-subsidization laws in current law. Sen. John Kennedy (R-Macon) asked if this bill would allow an EMC to pledge 100% of its value towards gas affiliates. Sen. Gooch deferred this question to representatives of Gas South.

Kevin Greiner, CEO of Gas South, provided background on the issue. In 2002, legislation allowed EMCs to enter the gas business. They explained that as the business grew, the 15% cap prevented further expansion because EMCs were unable to provide more equity to the gas affiliates. While natural gas prices have remained low in recent years, if prices were to increase, there could be a “crunch” on liquidity based on the 15% cap because Gas South provides the gas up front with collections on the back end. Gas South is owned by Cobb EMC and all profits accrued by Gas South return to Cobb EMC members.

Sen. John Kennedy (R-Macon) raised concerns that this bill would allow for 100% of an EMCs assets to be pledged to a gas affiliate. He noted that EMCs maintain a non-profit status and to allow them to invest 100% of their assets into a subsidiary which could be susceptible to market fluctuations could put the entire EMC at risk. Gas South representatives explained that the 15% cap, or any other percent cap is an arbitrary number and thus the cap should be removed altogether. Sen. Ginn addressed Sen. Kennedy’s concerns by stating that he would not expect an EMC board to invest 100% of its assets without being sure of the financial benefits of the action.

Sen. Lindsey Tippins (R-Marietta) also expressed skepticism with the bill as written, citing the historic governance and management of Cobb EMC. Gas South representatives encouraged the Senator to consider current board governance of Cobb EMC when making decisions that would affect the affiliates.

Chairman Cowsert adjourned the meeting without holding a vote on the bill. He invited the EMCs to testify at the committee’s meeting on Thursday, principally on broadband issues. He anticipates taking a vote on SB 364 next week. 

New Legislation

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

• HB 898, by Rep. Mike Wilensky (D-Dunwoody), seeks to allow counties and municipalities to consider the effect of a proposed zoning action on local school systems and the potential overcrowding of schools within such local school systems in O.C.G.A. § 36-66-5(b). This bill was referred to the House Governmental Affairs Committee.
• HB 900, by Representative John Corbett (R-Lake Park), seeks to redesign the Breast Cancer License Plate which Georgians may purchase to support cancer screening and treatment for those who are medically indigent and who may have breast cancer.   It seeks to allow that any special license plate issued for the first time on or before June 30, 2020 is to include a logo the same as the United States postal stamp supporting breast cancer research and bearing the slogan “Fund the Fight. Find A Cure.” over the sketch of a woman and breast cancer awareness pink ribbon symbol.  Any special license plate featuring such postal stamp design may be renewed after June 30, 2020 as otherwise provided for by this chapter.  On and after July 1, 2020, any special license plate issued for the first time pursuant to this paragraph shall include the pink ribbon symbol which designates the fight against breast cancer and such other design as may be approved by the commissioner without the slogan “Fund the Fight. Find A Cure.”  The changes offered are to O.C.G.A. § 40-2-86(m)(9). This bill was referred to the House Motor Vehicles Committee.
• HB 904, by Rep. Jesse Petrea (R-Savannah), seeks to amend O.C.G.A. § 44-3-225(b) so as to address assessment of expenses, exemption from liability and liability for unpaid assessments replacing the owner with declarant of a real piece of property. This bill was referred to the House Judiciary Committee.
• HB 908, by Rep. Michael Smith (D-Marietta), seeks to amend O.C.G.A. § 20-2-2131(c) relating to enrollment of students in schools so as to permit that each local school system be required to annually notify prior to each school year the parents of each student by letter, electronic means, or by such other reasonable means in a timely manner of the options available to the parents including all relevant dates and deadlines.  As a part of this notification process, the local school system is proposed to be required to post in a prominent location on its website the information required. This bill was referred to the House Education Committee.
• HB 909, by Representative Sharon Cooper (R-Marietta), seeks to alter Article 7 of Chapter 12 of Title 16 to increase the age of individuals to which the sale or distribution of cigarettes, tobacco, tobacco related objects, vapor products, and marijuana flavored products are prohibited.  Currently, law requires that a person be 18 years of age; this proposal moves such sales to only persons age 21 years of age and older. This bill was referred to the House Judiciary Non-civil Committee.
• HB 910, by Rep. Karen Mathiak (R-Griffin), seeks to address Title 31.  It will repeal the current Chapter 26 addressing the practice of midwifery and amend Title 43 to add a new Chapter 24B so as to enact the “Georgia Licensed Midwife Act.” It will impose regulation of midwives and defines a “certified nurse midwife” as a “midwife who has been certified by the American Midwifery Certification Board or its successor and is licensed by the Georgia Board of Nursing.”  It further defines a “certified professional midwife” as a midwife who has been certified by the North American Registry of Midwives or its successor organization.”  The legislation also proposes the creation of the Advisory Group for Licensed Midwives which would be composed of six members (two certified professional midwives; one consumer member who has firsthand experience with out-of-hospital birth and who does not derive a substantial livelihood from the provision of services related to prenatal, childbirth or postpartum care; one certified nurse midwife; and one licensed physician who has firsthand experience with out-of-hospital births). This bill was referred to the House Regulated Industries Committee.
• HB 911, by Rep. Ed Setzler (R-Acworth), seeks, in part, to add the offense of improper sexual conduct by a foster parent in the first and second degrees, and the punishments for such offenses, in O.C.G.A. § 16-6-5.1. This bill was referred to the House Judiciary Non-civil Committee.
• HB 912, by Rep. Bert Reeves (R-Marietta), seeks to add a new Code section at O.C.G.A. § 49-5-8.1 so as to authorize foster parents to arrange for short-term babysitting (not more than 72 consecutive hours). Caregiver in the bill is the foster parent with whom a child in foster care has been placed.  The caregiver can arrange for such short-term services with an individual who is 18 years of age or older when the caregiver is going to medical or other health care appointments, grocery or other shopping, personal grooming appointments, special occasions for the caregiver or caregivers, foster parent training classes, school related meetings, business meetings, adult social gatherings or an occasional evening event out for the caregiver or caregivers. A caregiver is proposed to be required to use a “reasonable and prudent parent standard in selecting and arranging for appropriate babysitters for occasional short-term babysitting.”  In leaving the child with the babysitter, the caregiver is required to make “all reasonable efforts” to provide the babysitter with the following information: 1) information about the child’s emotional, behavioral, medical and physical condition; 2) any medication that should be administered to such child in foster care during the short-term babysitting period; and 3) emergency contact information that is valid for the duration of the short-term babysitting period.” This bill was referred to the House Juvenile Justice Committee.
• HB 913, by Rep. Bert Reeves (R-Marietta), seeks to make changes in Title 19 so as to “strengthen, clarify and update provisions relating to the protection of children, including foster children and adopted children.”  In part, this legislation amends O.C.G.A. § 19-8-3(a) so as to permit individuals who are at least 21 years of age or is married and living with his or her spouse the ability to petition to adopt a child.  Current law requires the individual to be at least 25 years of age. It permits the use of certified mail as a form of notice in certain adoption proceedings. It also adds requirements relating to the appointment of an agent for a petitioner. This bill was referred to the House Juvenile Justice Committee.
• HB 914, by Rep. Heath Clark (R-Warner Robins), seeks to amend Title 43 so as to provide for military spouses licensed in other states to practice certain professions and occupations to obtain a license by endorsement to practice in Georgia. It adds in a new Code section O.C.G.A. § 43-1-34.1(b) that “notwithstanding any other provisions of law, a professional licensing board or other board shall issue an expedited license by endorsement to any individual that: 1) is a spouse of a service member or transitioning service member stationed within this state; 2) holds a current license to practice such occupation or profession issued by another state for which the training, experience, and testing meet at least a majority of the requirements under this state to obtain a license; and 3) is in good standing in such other state.” This bill was referred to the House Governmental Affairs Committee.
• HB 915, by Rep. Philip Singleton (R-Sharpsburg), seeks to address immigration policies and enact the “Georgia Anti-Sanctuary Act” in a new Chapter 36A of Title 50. In part, it adds in O.C.G.A. § 50-36A-4 “(a) a state entity, local governmental entity, or law enforcement agency shall not adopt or have in effect a sanctuary policy.” Further, at (b), it states that a “sanctuary policy that is in effect on or after July 1, 2020, violates the public policy of this state and shall be repealed on or before September 1, 2020.” It also provides the Attorney General investigation and enforcement powers for violations and to defend suits against certain entities in certain instances. This bill was referred to the House Judiciary Committee.

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

• SB 368, authored by Sen. Marty Harbin (R-Tyrone), creates a new Code Section at O.C.G.A. 49-5-25 to allow child placing agencies in Georgia to avoid making placements that violate their written religious or moral convictions or policies. The bill prevents any state entity from denying a license to a child placing agency based on said agency’s rejection of placements for these reasons. This bill was referred to the Senate Judiciary Committee.
• SB 370, authored by Sen. Steve Gooch (R-Dahlonega), amends O.C.G.A. 46-3-205 to clarify that owners of electric easements located on state or railroad property must still comply with the application, review, safety, and permit requirements of the state or railroad. This bill was referred to the Senate Transportation Committee.
• SB 372, authored by Sen. Blake Tillery (R-Videlia), amends multiple Titles to revise outdated language related to the Department of Public Health including requirements for defendants to submit to HIV testing and the elimination of the Department’s renal disease program and Kidney Disease Advisory Committee. This bill was referred to the Senate Health and Human Services Committee.
• SB 373, authored by Sen. John Kennedy (R-Macon), changes provisions related to directors of nonprofits, electric membership organizations, and foreign electric cooperatives. The bill clarifies that directors maintain the ability to rely on other individuals, both inside and outside of the organization, to make informed decisions. This bill was referred to the Senate Judiciary Committee.
• SB 374, authored by Sen. John Kennedy (R-Macon), provides updates to the state’s Civil Practice Act at O.C.G.A. 9-11-67.1 including requirements for tort claims to include all relevant medical records. The bill also increases the period of time a settlement payment can be made from ten days to forty days. This bill was referred to the Senate Insurance and Labor Committee.
• SB 375, authored by Sen. Jeff Mullis (R-Chickamauga), updates Title 16 to raise the minimum age to purchase tobacco products to 21. This bill was referred to the Senate Regulated Industries and Utilities Committee.
• SB 376, authored by Sen. Jen Jordan (D-Atlanta), creates a new Code section at O.C.G.A. 33-24-59.27 to require that insurers providing coverage for prescription insulin limit cost sharing amounts to $100 per 30-day supply, regardless of the specific amount or type of insulin required for the prescription. This bill was referred to the Senate Insurance and Labor Committee.
• SR 734, authored by Sen. John Albers (R-Alpharetta), commends Hemophilia of Georgia's work on behalf of individuals with hemophilia and other inherited bleeding disorders and recognizes February 18, 2020, as Hemophilia of Georgia Day at the state capitol. The resolution was read and adopted.

Rules Calendar for Legislative Day 14:

The House is expected to consider the following measures on Wednesday for Legislative Day 14:

• HB 292 -- Regents Retirement Plan; certain remittances required to be made by the University System of Georgia to the Teachers Retirement System of Georgia; eliminate (Ret-Benton-31st)
• HB 758 -- Georgia Motor Carrier Act of 2012; consideration of the deployment of motor carrier safety improvements in determining an individual's employment status with a motor carrier; prohibit (MotV-Powell-32nd)
• HB 792 -- Supplemental appropriations; State Fiscal Year July 1, 2019 - June 30, 2020 (App-Ralston-7th)(Substitute)