Gold Dome Report — Legislative Day 29

Nelson Mullins Riley & Scarborough LLP

After a late-adjourning Crossover Day, legislators and lobbyists largely slept late today, with one notable exception — those appearing before the Human Development Subcommittee of the Senate Appropriations Committee, which heard testimony on the FY22 Budget beginning mercilessly at 8AM. Most of the limited action for Legislative Day 29, however, started at 1PM with perfunctory convenings of the House and Senate. While the Senate took up three measures on the floor, the House simply read and assigned bills before moving on to committee meetings scattered through the afternoon. Recaps of what you missed if you snoozed your alarm in today’s #GoldDomeReport.

And, in case you dozed off before the General Assembly adjourned last night, check out our complete list of the bills crossing over on Crossover Day: http://nmlegislationwatch.com/CrossoverDay2021

In today’s Report:

  • Floor Action
  • Committee Reports
  • New Legislation
  • Rules Calendars for Legislative Day 30

Floor Action

The Senate took up the following measures on the floor today:

  • HB 90 - Torts; certain persons, firms, or corporations who are buyers of land for conversion of timber shall be exempt from certain liabilities; provide PASSED 47-0
  • HB 245 - Professions and businesses; podiatry; amend a provision relating to fingerprint and criminal background checks PASSED 46-0
  • HB 367 - Controlled substances; Schedules I, II, III, IV, and V; change certain provisions PASSED 47-0

The House did not have a Rules Calendar today.

Committee Reports

House Health and Human Services Committee
The House Health and Human Services Committee, chaired by Representative Sharon Cooper (R-Marietta), met to consider the following measures today:

  • HB 474, authored by Representative Sharon Cooper (R-Marietta), amends Title 16 to require concurrent opioid antagonist prescriptions for all opioid prescriptions.

Chairman Cooper presented the bill to the Committee, which requires that providers who write prescriptions for opioids also provide prescriptions for naloxone. Providers are generally opposed because the bill provides for a mandate. The Georgia Council on Substance Abuse spoke in favor of the bill. The Georgia Pharmacy of Association has “no official position” on the bill but mentioned the cost differential between naloxone, which is over $100, and opioids, which can be a little as $10. No action was taken on the bill.

  • SB 5, authored by Senator Kay Kirkpatrick (R-Marietta), amends Title 43 relating to sedation in non-hospital settings. The bill directs the Georgia Composite Medical Board to establish rules regarding the use of sedation in “office based surgeries,” which are defined as “any surgery or invasive medical procedure requiring sedation, when performed in a location other than a hospital, hospital associated surgical center, or an ambulatory surgical facility, including, but not limited to, physicians' offices and medispas.”

Senator Kirkpatrick presented the bill to the Committee, noting that the bill has been approved by all associated parties. The Georgia Dental Association spoke in support of the bill. The Committee recommended the bill DO PASS and be sent to the Rules Committee. Representative Lee Hawkins (R-Gainesville) will carry the bill in the House.

  • SB 46, authored by Senator Dean Burke (R-Bainbridge), amends various Code sections in Title 31 to grant the ability to administer vaccines to EMS workers. The expanded allowance applies only to vaccines for illnesses for which there are declared public health emergencies. Additionally, the bill removes the exemption for children under 18 to register with the statewide vaccination registry for vaccinations administered as a result of a declared public health emergency.

Senator Burke presented the bill to the Committee, and Megan Andrews of the Department of Public Health explained the intricacies of the legislation. Notably, pharmacists are only allowed to administer four vaccines under current law, and this legislation will allow pharmacists to administer other adult vaccines like MMR, COVID, etc. Chairman Cooper expressed some concern about pharmacies getting COVID vaccines ahead of other providers, to which Ms. Andrews explained that federal allocations to retail pharmacies have usurped some of the State’s allocation processes. Members of the Committee also discussed privacy of vaccine records, and Representative Dexter Sharper (D-) asked about a scope of practice issue for non-advanced EMTs who are not typically allowed to provide injections.

The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Insurance Committee — Life and Health Subcommittee
The Life and Health Subcommittee of the House Insurance Committee, chaired by Representative Darlene Taylor (R-Thomasville), heard the following measures today:

  • SB 43, authored by Senator Matt Brass (R-Newnan), is the "Noncovered Eye Care Services Act". The bill amends O.C.G.A. § 33-6-4 to prohibit insurance plans with eye care benefits from requiring optometrists to provide discounts for non-covered eye care treatment for patients within the insurer's plan.

Senator Brass presented the bill to the Subcommittee, noting that this bill addresses contract discount issues between insurers and eye care providers and represents an agreement between optometrists and ophthalmologists. The Georgia Optometric Association spoke in favor of the bill and presented the changes in a compromise amendment, which include adding “as a condition to join or participate in its provider network” at the end of subsection (B), striking subsection (C) in its entirety, striking “may or” from subsection (D), and striking “or encourage” from subsection (E). The National Association of Vision Care Plans also expressed support for the bill.

The Subcommittee adopted the compromise amendment and recommended the bill DO PASS and be sent to the Rules Committee.

  • SB 82, authored by Senator Michelle Au (D-Atlanta), amends Title 31 to revise the definition of "emergency medical services," "emergency care," and "emergency condition" to ensure that any instance of the prudent layperson standard is not affected by the final diagnosis given to the patient.

Senator Au presented the bill to the Subcommittee, which she described as seeking to clarify insurance coverage of emergency medical services and closing a “dangerous loophole” for patients. Representative Lee Hawkins (R-Gainesville) call the legislation “a good bill” and Chairman Taylor expressed interest in discussing some questions with the author after the meeting. No action was taken on the bill.

Senate Public Safety Committee
The Senate Public Safety Committee, chaired by Senator John Albers (R-Roswell), met this afternoon to consider multiple bills including:

  • HB 246, authored by Representative Sam Watson (R-Moultrie), amends Title 40 to increase the fee for issuance of replacement licenses and permits. The bill was requested by the Department of Driver Services to increase the cost of replacement licenses from $5 to $10 and to raise the fees for limited permit licenses from $10 to $32 for drivers who had been convicted of DUIs or multiple violations. Chairman Albers asked when the $5 fee was originally set. This initial fee was set in 1992. The committee recommended the bill DO PASS.
  • HB 43, authored by Rep. Wes Cantrell (R-Woodstock), amends O.C.G.A. § 40-2-26 to require motor vehicle registration forms to include optional information that the individual has a physical, mental, or neurological condition which impedes their ability to communicate with law enforcement. This information will be relayed to law enforcement on any search of the vehicle registration. Sen. Randy Robertson (R-Catuala) asked if any confirmation is required to ensure the conditions are medically supported. Rep. Cantrell explained that this bill does not have that requirement as other states have found it to be an onerous step. Sen. Lee Anderson (R-Grovetown) asked if the designation was specific to a single vehicle. Rep. Cantrell answered in the affirmative and added that the bill could be altered to specify that any possible driver of the car should be registered. The committee decided to hold the bill for further discussion to include these elements in a possible future committee substitute.
  • HB 207, authored by Representative John Corbett (R-Lake Park), amends Title 40 to permit electronic filing with the Department of Revenue sales documents relating to a wide range of new and used vehicles and of vehicles for scrap metal. The committee moved the bill DO PASS.
  • HB 169, authored by Representative John Corbett (R-Lake Park), amends Title 40 to permit the commercial drivers learners permit to last for 365 days and to increase the training hours consistent with new federal statutes. Sen. Carden Summers (R-Cordele) asked about drivers that self certify for their CDLs. These drivers are grandfathered in to the program and would not have to take extra courses or credits.

New Legislation

The following legislation has been recently read and referred to committee in the House:

  • HB 706, authored by Representative Beth Camp (R-Concord), amends Title 29 to allow DFCS to appoint a guardian for a minor for when the minor becomes an adult. This bill was referred to the House Juvenile Justice Committee.
  • HB 710, authored by Representative Gregg Kennard (D-Lawrenceville), amends Title 20 to require schools to provide Halal dietary options for muslim student and to provide excused absences for certain muslim holidays. This bill was referred to the House Education Committee.
  • HB 716, authored by Representative Derrick Jackson (D-Tyrone), amends Title 16 to create the “Protect Georgia Domestic Terrorism Act” to establish misdemenor domestic terrorism offenses and create the Committee on Domestic Terrorism to consider legislative matters concerning domestic terrorism. This bill was referred to the House Public Safety and Homeland Security Committee.
  • HB 717, authored by Representative Sharon Cooper (R-Marietta), amends Title 37 to allow peace officers to take any person to a physician for evaluation if the person presents imminent harm to themselves or others. This bill was referred to the House Health and Human Services Committee.
  • HB 722, authored by Representative Park Cannon (D-Atlanta), amends Title 31 to require all perinatal facilities in the state to implement implicit bias training for all employees. The bill also requires the state to collect data on maternal mortality. This bill was referred to the House Health and Human Services Committee.
  • HB 723, authored by Representative Viola Davis (D-Atlanta), amends Title 10 to require all issuers of broadband services to provide accurate network performance, management practices, and commercial terms of its broadband services to end users. The bill also prevents broadband service providers from blocking lawful content, services, or non harmful devices. This bill was referred to the House Energy, Utilities, and Telecommunications Committee.
  • HB 727, authored by Representative Park Cannon (D-Atlanta), amends Title 49 to allow all expectant mothers that are recipients of Medicaid to receive services from a doula before, during, and for the duration of postpartum Medicaid coverage. This bill was referred to the House Health and Human Services Committee.
  • HB 728, authored by Representative Donna McLeod (D-Lawrenceville), amends Title 42 to outlaw private prisons in the state. This bill was referred to the House Public Safety and Homeland Security Committee.
  • HB 735, authored by Representative Miriam Paris (D-Macon), amends Title 20 to extend wraparound services to all students from pre-k to third grade as part of the system of supports prior to suspension or expulsion. This bill was referred to the House Education Committee.
  • HR 317, authored by Representative Chuck Martin (R-Alpharetta), calls on the Board of Regents to recognize the need to establish a uniform course credit policy for AP test scores. This resolution was referred to the Senate Higher Education Committee.

The following legislation has been recently read and referred to committee in the Senate:

  • SR 192, authored by Senator Chuck Payne (R-Dalton), creates the Senate Age of Mandatory Education Study Committee. This resolution was referred to the Senate Rules Committee.
  • SR 201, authored by Senator Butch Miller (R-Gainesville), recognizes and commends SK Innovations. This resolution was adopted.
  • SR 204, authored by Senator Jason Anavitarte (R-Dallas), urges the State Board of Education to create multiple diploma pathways. This resolution was referred to the Senate Education and Youth Committee.

Rules Calendars for Legislative Day 30

The Senate is expected to consider the following bills on Wednesday for Legislative Day 30:

  • HB 93 - Health; eliminate duplicative state licensure and regulation of clinical laboratories; provisions
  • HB 129 - Sheriffs; compensation; modify certain provisions
  • HB 106 - Georgia State Indemnification Fund; replace the term National Guard with the term organized militia
  • HB 105 - Military; pay for certain active duty by the organized militia; authorize
  • HB 163 - Community Health, Department of; submit state plan amendment to implement express lane enrollment in Medicaid; direct

The House Rules Committee is expected to meet on Wednesday morning to set its Rules Calendar for the day.

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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