After a busy committee workday yesterday with legislators attempting to move last-minute propositions through the legislative gauntlet, lawmakers returned to the Capitol today to consider bills and resolutions on their respective floors. At the same time, legislators continue to maneuver the backroads of passing legislation, “gutting” pending proposals in an effort to include their own personal favorites in an old bill’s place. 

Members of the Senate’s “Green Door” committee sequestered themselves yesterday to hammer out the details on the FY 2019 Budget. No news yet as to when the Senate’s budget proposal is likely to emerge into the public light.

In today’s Report:

• House, Senate Consider Health Propositions on Floor
• Committee Reports
• New Legislation
• Rules Calendars for Legislative Day 35

House, Senate Consider Health Propositions on Floor

The House and Senate considered several health-related propositions on their respective floors today:

• HB 513, authored by Rep. Pam Dickerson (D-Conyers), requires the Department of Community Health to develop standards for and hospitals, infirmaries, and health departments to post a sign that indicates locations where a newborn child may be left such that the mother can avoid criminal prosecution. The Senate adopted a substitute to the bill by a 48-0 vote. The bill now returns the House for consideration.
• 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 Senate adopted the bill by a 48-0 vote. The bill now goes to Governor Deal for final approval.
• HB 909, authored by Rep. Deborah Silcox (R-Sandy Springs), amends Title 31 to allow the Department of Public Health to designate perinatal facilities providing maternal or neonatal care. The legislation requires the department to create designation criteria and procedures, as well as post a list of designated centers. The Senate adopted the bill by a 51-0 vote. The bill now goes to Governor Deal for final approval.
• HR 1376, authored by Rep. Matt Hatchett (R-Dublin), urges the House Rural Development Council to solicit input from hospitals in the state on the financial conditions of such hospitals. The House adopted the resolution by a 166-1 vote, which constituted final approval of the resolution.

The House was also slated to consider SB 357, authored by Sen. Dean Burke (R-Bainbridge), which creates a Health Coordination and Innovation Council which would be composed of members appointed by the Governor, Lt. Governor, and Speaker of the House. However, the House postponed action on the bill until the next legislative day.

Committee Reports

House Health and Human Services Committee

The House Health and Human Services Committee, chaired by Rep. Sharon Cooper (R-Marietta), met to consider several propositions today:

• HR 446, authored by Rep. William Boddie (D-East Point) creates the Johnny Tolbert III House Study Committee on Heatstroke to study at youth deaths during participation in sports. The Committee recommended that the resolution DO PASS and be sent to the Rules Committee.  
• SB 202, authored by Sen. Michael “Doc” Rhett (D-Marietta) addressed a nursing home patient’s personal needs allowance permitted when the patient’s care is paid by Medicaid. However, Chairman Cooper stripped out that language and added her bill, HB 635, which provides that district attorneys may establish working groups on elder abuse. It also addresses agency information sharing. Augusta and Cobb areas have such committees now, and the language is modeled after the Child Fatality Review Committee. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.
• SB 318, authored by Sen. Michael “Doc” Rhett (D-Marietta) requires that the Department of Community Health establish a one-year pilot program to provide for the execution of a physician's certificate for emergency examination of a person for involuntary evaluation and treatment for mental illness or alcohol or drug abuse based on consultation with an emergency medical technician or paramedic who has personally observed such person. While a new substitute was offered, there remain questions. The bill was held by the Committee.
• SB 325, authored by Sen. Kay Kirkpatrick (R-Marietta), was the Interstate Medical Licensure Compact. However, it was also gutted by Chairman Cooper, who added HB 513, her bill addressing step therapy protocols for medications. The Committee also added Rep. Katie Dempsey’s (R-Rome) proposal from HB 646, which provides for a pilot program for bariatric surgery procedures under a state health insurance plan. The Committee recommended the bill DO PASS by Committee Substitute incorporating these two provisions and be sent to the Rules Committee.  
• SB 422, authored by Sen. Renee Unterman (R-Buford), amends O.C.G.A. § 31-22-9(b) so as to exempt pharmacists when practicing within their scope of practice, and performing blood tests and interpreting the results as a means to screen for or monitor disease risk factors or drug use and facilitate patient education as authorized, so long as such blood tests are available to and for use by the public without licensure of the user. Rep. Betty Price(R-Roswell) questioned the possible pharmacist practicing medicine - noting “interpreting” the test- and raised concerns about billing and payments. In the end, the bill received a DO PASS recommendation.

Late breaking was a hearing only on Sen. Matt Brass’s (R-Newnan) Certificate of Need revision, SB 31. It would allow Cancer Treatment Centers of America to convert from a destination cancer hospital to a regular hospital.  No action was taken on the bill.

Senate Insurance and Labor Committee

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

• HB 878, authored by Rep. Heath Clark (R-Warner Robins) permits insurers and insureds to cancel policies by telephone. Current law requires written notice to cancel or submission of policy. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 789, authored by Rep. Barry Fleming (R-Hiram), amends Title 34 to provide in statute that individuals hired to provide services to customers using a digital marketplace platform. The bill was heard by the Committee on Monday but held pending questions from Sen. Josh McKoon (R-Columbus). Although Rep. Fleming and Sen. McKoon met and there was a substitute bill drafted, the Committee did not have the proposed substitute at the time of the meeting. The Committee therefore held the bill.

Senate Education and Youth Committee

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

• HB 718, authored by Rep. Sandra Scott (D-Rex), amends Title 20 to require primary and secondary schools to allow up to five excused absences for students with a parent actively serving in the armed forces for the purpose of allowing participation in individual or group therapy recommended by a physician or psychologist. Ms. Jill Hines spoke in favor of the bill. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 739, authored by Rep. Al Williams (D-Midway), would allow O.C.G.A. § 20-2-200.2 to be cited as the “Tracy Rainey Act.” The law relates to the employment of certificated professional personnel in elementary and secondary education and the qualification of certain certificates for military spouses. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• SR 972, authored by Sen. Butch Miller (R-Gainesville), encourages local educational agencies to support Georgia's talented and gifted students by complying with all State Board of Education and Georgia Professional Standards Commission guidelines for gifted education. Sen. Miller asked Chairman Tippins to hold the resolution today, so no action was taken.

Senate Judiciary Committee

The Senate Judiciary Committee, chaired by Sen. Jesse Stone (R-Waynesboro) met late on Monday to consider several proposals:

• HB 121, authored by Rep. Chuck Efstration (R-Dacula), is an update to Georgia’s Trust Law. The last amendment made to this part of the Code was in 2010.  No outside testimony was allowed except from Professor Radford and Nick Jarrish who served on the Fiduciary Section of the State Bar. The revisions contained in the legislation have been reviewed by the State Bar of Georgia and cleared the Committee with a DO PASS recommendation.  
• HB 381, authored by Rep. John Corbett (R-Lake Park), was presented as a substitute to his Abandoned Mobile Home Act.  There were two amendments made in Committee, one by Sen.  William Ligon, Jr. (R-Brunswick) and the other by Sen. Brian Strickland (R-McDonough). Sen. Ligon’s amendments deal with who is qualified to determine if the property is “derelict” or “intact”, and Sen. Strickland’s change addressed the appeal’s portion of the language.  The substitute received a DO PASS recommendation and now moves to the Senate Rules Committee.
• HB 732, authored by Rep. Deborah Silcox (R-Atlanta), addresses sex trafficking of an individual and incorporates changes relating to solicitation and patronization and cleans up prior passed law to make the provisions apply to those who are 16 or older. The Concerned Women for America rose in support of the legislation as did the Georgia Baptist Mission Board.  The legislation received a DO PASS recommendation.
• HB 765, authored by Rep. Able Mable Thomas (D-Atlanta), and known as “C.J.’s Law”, addresses situations involving leaving the scene of an accident when there has been serious bodily injury or death. The more the Committee delved further into this legislation and current law (e.g. vehicular homicide and those penalties), the more it became apparent that there is disparate sentencing for similar offenses. It was suggested that perhaps the Committee should undertake a Code clean up. Pete Skandalakis indicated that the Prosecuting Attorneys Council was supportive of the intention of Rep. Thomas’s bill but asked for an opportunity to review the new substitute and current statutes and approach the Committee later with some ideas. Chairman Stone indicated he wanted more time to “mull” over this matter.
• HB 790, authored by Rep. Chuck Efstration (R-McDonough), incorporates the Court Reform Council’s recommendations.  It addresses the Administrative Procedures Act and how hearings and appeals are handled. In part, the legislation removes the appeal where the agency reviews the administrative law judge’s decision and either affirms or rejects such – allowing matters to be taken more quickly to the superior court. There were no questions to Rep. Efstration, but Thomas Weaver spoke to the bill, questioning whether the civil penalties should be equivalent across the Code (based on Superior, Probate and Magistrate courts having different civil contempt powers). He also questioned the inclusion of the University System of Georgia. No formal action was taken by the Committee.
• HB 791, also authored by Rep. Efstration, addresses sovereign immunity and permits citizens to challenge state law.  It does outline waivers of such immunity if notice is provided.  HB 791 does not create a right of action but permits a law to be challenged. There is a notice requirement of 30 days but the Court does have the authority to shorten the notice period.  There are also procedural steps outlined in the legislation after such notice is filed.  The House made a number of changes to the legislation, and Rep. Efstration presented a new substitute on this proposal. He indicated to Chairman Stone that he would do a “side by side” review of the new bill versus the one which passed the House. Thomas Weaver supported the efforts in HB 791 but asked about pursuit of such by schools. Sen. Ligon made several inquiries about limitations on the immunity based on current case law. Larry Ramsey and Rishi Patel (attorneys with ACCG and GMA respectively) supported the legislation but noted that it did not speak so much to local governments and GMA liked the language better than what had passed the House.  Chuck Clay rose and stated that he had already voiced his concerns to the Committee and did not say more.  Bill Clark, with the Georgia Trial Lawyers Association, supported the bill and noted that his association had participated in the Council’s discussions. His questions were about which parts of government could be challenged. He also brought up the Tort Claims Act’s ad litem provision and requirements for notice to the Attorney General (e.g. his questions were about whether sovereign immunity would apply to a matter brought up in the middle of a case and whether there was a challenge to the constitutionality of a statute). He noted that Georgia last changed its law on sovereign immunity in the 1990s – and citizens should not wait another decade for changes.  He suggested that they add to the waiver action of State government.  No action was taken by the Committee on this initiative.
• HR 993, also authored by Rep. Efstration, proposes a constitutional amendment to create a statewide business court. Presently, Fulton and Gwinnett counties have business courts to handle complex litigation matters. There is no enabling legislation accompanying this Resolution; Efstration indicated that they thought it would be better to determine if the voters wished to have such a new court created.  Roco Testani spoke in favor of the idea.  He noted that such court was a competitive issue as other states (North Carolina and Delaware) had such courts. The Fulton court was created in 2005 as a pilot yet it was still in existence. He noted that most cases before the Fulton court take one year to be handled (unlike a Superior Court matter which can take 600 days). He also noted that practitioners before the Fulton business court had indicated a 88 percent level of satisfaction. The Committee inquired about where judges would come from – that would be addressed in the enabling legislation later.  Sen. Greg Kirk (R-Americus) also inquired about the costs;  Mr. Testani noted that filing fees to transfer a matter in Fulton to the business court were between $1,000.00 to $2,500.00.  Sen. Harold Jones II (D-Augusta) inquired about the qualifications of the judges – in Fulton, the cases are handled by three senior judges and one active judge.  No action was taken by the Committee on this legislation.

Senate Health and Human Services Committee

Chairwoman Renee Unterman (R-Buford) held a Committee meeting on Tuesday and took up these proposals:

• HB 701, authored by Rep. Kevin Tanner (R-Dawsonville), amends O.C.G.A. § 45-20-110 and addresses opioid related compounds and drug testing for State employment.  It adds to the current definition of “illegal drug” opioids, opioid analgesics, and opioid derivatives (other illegal drugs include for testing purposes are marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamines, opiates, and phencyclidine. Rebecca Sullivan, counsel to the Department of Administrative Services, explained that Georgia has a pre-employment drug testing program and the changes proposed in this legislation bring the State in line with federal regulations which were put in place in January 2018. Sen. Chuck Hufstetler (R-Rome) inquired about the actual test mechanism deployed; it is a urine test which is utilized. Sen. Hufstetler explained that he was not clear on how long opioids remained in a person’s system. Sen. Unterman asked about the use of the urine test as to whether it was cheaper than other tests (such as blood or saliva). Sen. Ben Watson (R-Savannah) asked about the tests’ timing – unannounced. Sen. Larry Walker, IV (R-Perry) asked whether the State was conducting any sort of drug testing post-accident; that is only done when there is “reasonable suspicion.”  This bill received a DO PASS recommendation.
• HB 927, authored by Rep. Chad Nimmer authored this legislation addressing Division of Family and Children’s placement of children with foster and adoptive parents.  It was “gutted” and in its place Sen. Unterman included her language from SB 351 addressing Chapter 26 of Title 43.  Her SB 351 is now in the House Health and Human Services Committee and has not moved since it cleared the Senate.  SB 351 seeks to increase from four advanced practice registered nurses under a physician protocol agreement to eight such nurses at any given time.  This legislation also received a DO PASS recommendation.
• HB 972, authored by Rep. Wendell Willard (R-Sandy Springs) is sometimes referred to as “CB 21” and has been a part of the Division of Family and Children’s Services’ (“DFCS”) legislative package. Today, a new substitute version to the bill was considered.  In the underlying proposal, it permits eligible Georgia children to sign themselves back into State care and will allow the Division to draw down federal IV-E funds for youth receiving extended care services. Youth are presently able to sign themselves out of State care at the age of 18. This legislation permits them to sign back into care at age 18 and receive benefits until they are 21 (they cannot sign back into care within 12 months of their 21st birthday). In order to be eligible, the youth has to meet certain requirements (such as being employed 120 hours per month; being employed 80 hours per month and attending school; etc.). Sen. William Ligon, Jr. (R-Brunswick) inquired about the numbers of youth who are aging out; Ms. Ashley Fielding Cooper, Deputy Commissioner for the Department of Human Services, indicated that there are 622 youth being served (ages 18-21). Sen. Unterman’s substitute adds in the underlying legislation from HB 927, also a proposal from DFCS. In Rep. Nimmer’s HB 927, it seeks to require that information be released to an adoptive or foster care parent of a child within 15 days of the placement of the child (such information would include medical records, educational records, court appearance information, etc.). In committee, they moved this 15 days to 30 days in an amendment offered so as to allow DFCS more time to get the results from assessments conducted on any child.  The Committee gave this Substitute proposal, as amended, a DO PASS recommendation.
• SR 983, authored by Sen. Matt Brass (R-Newnan), creates a Joint Study Committee on Low THC Medical Oil Access.  This Resolution is being amended by Sen. Unterman in an effort to make it a “Senate Only” Study Committee.  No action was taken at this meeting.

Senate Higher Education Committee

Chairman Fran Millar (R-Atlanta) and his Committee addressed three proposals on Tuesday:

• HB 392, authored by Rep. Barry Fleming (R-Harlem), addresses the Move On When Ready program at Georgia Military College (“GMC”) in O.C.G.A. § 20-2-161.3(k). His legislation seeks to address the annual appropriations which the Move on When Ready program receives.  GMC, a quasi public-private entity, conducts five terms (two in the fall, winter, spring and summer). Other colleges have only four terms.  This legislation is to allow GMC to utilize its non-standard term system with five terms to receive payments for those for eligible high school students enrolled in dual credit courses. The Committee expressed other concerns about GMC in front of its president General William B. Caldwell, IV.  GMC has an annual total enrollment of around 14,000 students at its main campus, satellite campuses and extension centers. GMC caters to low-income, mostly African American students who cannot get into a Board of Regents’ school.  It operates essentially as a junior college; it does not have a work ready program. Its “private” component is the preparatory school it operates.  Sen. Burt Jones (R-Monroe) provided GMC accolades since General Caldwell assumed the helm of the institution. Sen. Jones did not believe that a fiscal note was necessary but did urge the Committee to get one.  GMC does receive tuition equalization grants. Sen. Chuck Hufstetler (R-Rome) noted that he understood that HOPE only applied up to 120 hours; a full load is 12 hours and so the first year a student’s numbers may look larger but those would even out over the four-year period. No action was taken on this legislation.
• SR 977, authored by Sen. Nikema Williams (D-Atlanta), creates a Senate Study Committee on Historically Black Colleges and Universities. Sen. Williams noted that all ten such schools were represented in the General Assembly. Her interest began with Morris Brown.  Sen. Millar committed to Sen. Williams he would speak to the Lt. Governor about this proposal. The Committee gave the resolution a DO PASS recommendation.
• HB 713, authored by Rep. Joyce Chandler (R-Grayson) amends O.C.G.A. § 20-3-519(27)(A)(iii). It seeks to allow a home-schooled or private school student to be eligible for the Zell Miller Scholarship if he or she meets or exceeds the 92nd percentile on ACT and SAT tests. Those numbers would be 29 or 1310 respectively. The goal is to keep these bright Georgia students in the State. This legislation received only a hearing. No action was taken by the Committee at this meeting. 

New Legislation

The following propositions were introduced in the House and Senate:

• HB 1051, authored by Rep. Sam Teasley (R-Marietta), provides that direct primary care agreements are not insurance subject to state insurance laws. The legislation also provides the specifications of such agreements to qualify as such.
• HR 1517, authored by Rep. Sharon Cooper (R-Marietta), urges the House Rural Development Council to solicit input from the independent physicians in this state on increasing burdens and financial viability.
• HR 1537, authored by Rep. Sharon Cooper (R-Marietta), creates the House Study Committee on Nursing Home Quality Assessment. The Committee would study existing ratings systems for nursing homes, including the CMS Five-Star Quality Rating System and other existing measures, to determine whether the establishment of a state level rating system would be advantageous and useful to its citizens; and existing safeguards in place to ensure patient safety in nursing homes and whether any legislative impediments exist to implement further safety measures, including placement of electronic monitoring devices in patient rooms.

Rules Calendars for Legislative Day 35

The House will take up the following propositions on Friday:

• HR 1260 -- House Study Committee on Juvenile Court Judges; create
• HR 1363 -- United States Congress; amend Controlled Substances Act of 1970 to reclassify marijuana as a Schedule II drug; urge
• SB 82 -- HOPE; need based HOPE scholarship and grant; create
• SB 118 -- Autism; age limit for coverage for autism spectrum disorders for an individual covered under a policy or contract; change
• SB 321 -- Medicaid Claims; false or fraudulent; recover the maximum penalty authorized by federal law; increase the civil penalties
• SB 328 -- Income Tax; expiration of certain income tax credits; provide
• SB 330 -- "Green Agricultural Education Act"; three-component model; provide
• 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
• SB 395 -- Georgia Joint Defense Commission; create
• SB 406 -- "Georgia Long-term Care Background Check Program" enact; public safety; promote
• SB 436 -- Probate Courts; general provisions; change and modernize

The Senate will take up the following propositions on Friday:

• HB 344 -- Paternity; parties beyond movants in a child support case request a genetic test; allow
• HB 751 -- Georgia Emergency Communications Authority Act; enact
• HB 754 -- Insurance; division of a domestic insurer into two or more resulting domestic insurers; provisions
• HB 769 -- Health; recommendations from the House Rural Development Council; implement
• HB 831 -- Georgia's Employment First Act; enact
• HB 834 -- Landlord and tenant; termination of a rental or lease agreement under circumstances involving family violence; provide
• HB 907 -- Public officers and employees; appointment and election of successor in event of vacancy in the office of district attorney; provide          
• HR 1090 -- Jeff Davis County; Crisp County; change of use of certain property; authorize
• HR 1104 -- Property; granting of non-exclusive easements; authorize