Gold Dome Report - March 2019 #3

Nelson Mullins Riley & Scarborough LLP

It felt like Crossover Day came early under the Gold Dome today with the House and Senate both meeting late into the afternoon and considering some of the weightiest issues of legislative session to date. Although the House continues to hear propositions on the floor at our deadline, the chamber just passed HB 324, Rep. Micah Gravely’s (R-Douglasville) “Georgia’s Hope Act”, which creates the Office of Low THC Oil Control within the Department of Public Health with the authority to issue licenses for the production, growing, manufacturing, and dispensing of low THC oil. And earlier today the Senate rejected SB 173, Sen. Greg Dolezal’s (R-Cumming) “Georgia Educational Scholarship Act” that would allow public school students to receive public funding to finance private education. More details below on what has happened so far, and up-to-the-minute updates on the continuing action on Twitter under #GoldDomeReport.

In this Report:

  • Senate Rejects Voucher Bill; Considers Health Bills
  • House Approves Low THC Oil Legislation, Other Notable Legislation
  • Rules Calendars for Legislative Day 27 (Crossover Day)       

Senate Rejects Voucher Bill; Considers Health Bills

Following impassioned debate from both sides of the chamber, the State Senate voted to reject  SB 173 by a 25-28 vote today, darkening the fate of Sen. Greg Dolezal’s (R-Cumming) “Georgia Educational Scholarship Act”. The bill, which would allow Georgia students to receive state funding typically allocated to public schools to use for other qualified educational expenses, including private school tuition, had moved quickly through the Senate after being introduced less than two weeks ago and emerging from the Senate Finance Committee on a party line vote last week. However, it met substantial vocal opposition from Democrats on the Senate floor today, including Sens. Steve Henson (D-Tucker), Nan Orrock (D-Atlanta), Jen Jordan (D-Atlanta), Emanuel Jones (D-Decatur), and others. Despite attempts by Sen. Dolezal and Sen. John Albers (R-Alpharetta) to rally support among Republicans, the question drew a fractured vote, with seven Republicans voting with Democrats against the bill. Although the bill was defeated, it may not be completely dead. Proponents gave notice of their intent to seek reconsideration, which could be taken up on Thursday (and must be taken up then for the bill to progress this session).

The Senate also took up several health-related bills today, including:

  • SB 56, authored by Sen. Chuck Hufstetler (R-Rome), is the "Consumer Coverage and Protection for Out-of Network Medical Care Act". The bill amends Title 33 to establish standards for carriers and health care providers with regard to payment under a managed care plan in the provision of emergency medical care. The bill also provides for patient or prospective patient and insurer disclosures, as well as requirements for managed care plan contracts between carriers and covered persons. The Senate passed the bill by a 52-0 vote, and it proceeds to the House for further consideration.
  • SB 104, authored by Sen. Chuck Payne (R-Dalton), amends Title 31 to clarify the law relating to parental consent to an order not to resuscitate their child. Current law states that a parent “may consent” to a DNR order for their minor child, and the bill removes that language to provide that a DNR order may not be issued unless a parent gives oral or written consent. The Senate passed the bill by a 46-0 vote, and it proceeds to the House for further consideration.

The Senate was also slated to hear SB 109, Sen. Larry Walker’s (R-Perry) proposition relating to advanced practice registered nurse practice rights, but the Senate delayed consideration until the next legislative day.

House Approves Low THC Oil Legislation, Other Notable Legislation

While the Senate spent much of its day considering school vouchers, the House heard lengthy debate on HB 324, Rep. Micah Gravely’s (R-Douglasville) “Georgia’s Hope Act”. The bill amends Title 16 to create the Office of Low THC Oil Control within the Department of Public Health which is to have the authority to issue licenses for the production, growing, manufacturing, and dispensing of low THC oil. After speeches by leaders on both sides of the aisle, the House approved the measure by a vote of 123-40. The bill now moves to the Senate for further consideration.

The House also approved these other notable bills today (so far):

  • HB 12, authored by Rep. Rick Williams (R-Milledgeville), amends Title 20 to require all public schools to post a sign containing the toll-free number operated by the Division of Family and Children Services of the Department of Human Services to receive reports of child abuse and/or neglect. The House passed the bill by a 166-0 vote, and it moves on to the Senate for further consideration.
  • HB 79, authored by Rep. Carl Gilliard (D-Garden City), amends Title 30 to create protections for blind children in courts, the Department of Human Services, and child placement agencies. The House passed the bill by a 167-0 vote, and it moves on to the Senate for further consideration.
  • HB 218, authored by Rep. Rick Williams (R-Milledgeville), amends Title 20 to make changes to HOPE scholarship eligibility. The House passed the bill by a 164-0 vote, and it moves on to the Senate for further consideration.
  • HB 239, authored by Rep. Chuck Efstration (R-Dacula), amends Title 15 to establish the Georgia Business Court pursuant to the Georgia Constitution. The House passed the bill by a 156-8 vote, and it moves on to the Senate for further consideration.
  • HB 253, authored by Rep. Lee Hawkins (R-Gainesville), amends Title 43 to update and revise provisions in the Occupational Therapy Licensing Act. Specifically, the bill modernizes the Act and provides for the use of telehealth in occupational therapy. The House passed the bill by a 158-9 vote, and it moves on to the Senate for further consideration.

The House is also scheduled to hear HB 89, Rep. Chuck Martin’s (R-Alpharetta) bill that provides an exemption from Certificate of Need requirements for integrated ambulatory surgery centers, but the bill had not been called as of our deadline.

Rules Calendars for Legislative Day 28 (Crossover Day)

The House Rules Committee will meet at 1pm on Wednesday to set the Rules Calendar for Legislative Day 28 (Crossover Day).

The Senate is expected to consider the following measures on Thursday for Legislative Day 28 (Crossover Day):

  • SB 2 -- Public Utilities and Public Transportation; electric membership corporations and their affiliates; authorize; broadband services; provide
  • SB 58 -- Attorney General; written approval that allows for a private person to bring a civil action regarding false taxpayer claims; eliminate requirement
  • SB 80 -- Georgia Music Hall of Fame Authority; expired provisions; issuance and review of requests for proposals for a new location, ownership; remove
  • SB 103 -- Air Facilities; airports owned by a county, municipality shall not assess any fee to a veteran for motor vehicle parking; provide
  • SB 108 -- Competencies and Core Curriculum; computer science in middle school and high school; require
  • SB 110 -- Courts; State-wide Business Court; pursuant to the Constitution of this state; establish
  • SB 121 -- Prescription Drug Monitoring Program Data Base; length of time prescription information is retained from two years to five years; increase
  • SB 131 -- 'Georgia Major Airport Authority Act'
  • SB 132 -- Insurance; modernization and updates; provide; Commission on the Georgia Health Insurance Risk Pool; repeal Article 2 of Chapter 29A
  • SB 138 -- Disabled First Responders; certain benefits; provide
  • SB 162 -- Local Government; disaster mitigation improvements and broadband services infrastructure; downtown development authorities; provide
  • SB 167 -- Relative Search by DFCS; foster placement for a child adjudicated as a dependent; determine such child's permanency plan; provide
  • SB 171 -- Courts, Primaries and Elections, and Ad Valorem Taxation; compensation of various local government officials; modify
  • SB 177 -- General Assembly; requirements for consideration of local legislation revising existing districts or creating new districts; provide
  • SB 178 -- Specialized Land Transactions; statements of accounts under "Georgia Condominium Act" and "Georgia Property Owners' Association Act"; provide
  • SB 186 -- Trusts; qualified self-settled spendthrift trusts; establish
  • SB 190 -- Child Custody Intrastate Jurisdiction Act; party may bring a counterclaim for contempt in response to a complaint seeking a change of legal or physical custody; provide
  • SB 195 -- "Prescription Drug Benefits Freedom of Information and Consumer Protection Act"
  • SB 200 -- Georgia Department of Transportation; procedure for appealing the rejection of a contract bid; require
  • SB 209 -- Individual Schools and School Systems; star rating for financial efficiency; eliminate
  • SB 210 -- "Quality Basic Education Act"; recess for students in kindergarten and grades one through five; provide
  • SB 211 -- Advertisement and Sale of Meat; representation of non-animal products and non-slaughtered animal flesh as meat; render unlawful
  • SB 212 -- Department of Driver Services; criteria; authorize certain licensed driver training schools to administer on-the-road driving skills testing; revise
  • SB 213 -- Campaign Contributions; content of and certain reporting times for certain campaign disclosure reports; revise
  • SB 214 -- Barbers and Cosmetologists; the number of apprenticeship hours required; change
  • SB 216 -- Ad Valorem Taxation; local governments to accept prepayments of ad valorem taxes; allow
  • SB 219 -- Education; general educational development (GED) diploma; correctly answer 60 percent questions on the US Citizenship Civics Test; require
  • SB 222 -- Criminal Procedure; Georgia Council on Criminal Justice Reform; create
  • SB 225 -- Juvenile Code; in conformity with the federal Social Security Act and the Family First Prevention Services Act; bring provisions
  • SB 227 -- Special License Plates; benefit the Georgia Alliance of Boys & Girls Clubs, Inc.; establish
  • SB 228 -- "Child Victim Act of 2019”
  • SR 67 -- Senator Bill Jackson Interchange; Columbia County; dedicate
  • SR 264 -- Joint Emergency Medical Services Study Committee; create
  • SR 275 -- Joint Innovation and Emerging Technologies Study Committee; create
  • HB 293 -- Fayetteville, City of; Public Facility Authority; create

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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