All eyes are on the Amended FY 2018 Budget this week under the Gold Dome. By a vote of 167 to 8, the House adopted its Appropriations Committee’s recommendations for the Amended Budget, sending the funding proposition to the Senate for consideration. Senators have wasted no time, holding subcommittee meetings over the past two days to consider the budget proposal. The Amended Budget could be heard on the Senate floor as early as the first of next week.

Find real-time additional updates on the Amended Budget and more on Twitter using the hashtag #GoldDomeReport. But for now, on to the Report!

In this issue, you will find:

• Committee Reports
• New Legislation
• Rules Calendars for Legislative Day 17
• This and That

Committee Reports

Senate Health and Human Services Committee

The Senate Health and Human Services Committee, chaired by Sen. Renee Unterman (R-Buford), met today and considered two propositions:

• SB 364, authored by Sen. Chuck Hufstetler (R-Rome), would allow a physician to sponsor up to eight physician assistants who have completed an anesthesiologist assistant program. In Georgia, a physician generally may only supervise four physician assistants at one time. This bill would not allow a physician to supervise more than four PAs at one time but would allow a physician to have more Pas that he or she could supervise (on split shifts, for example). The legislation is supported by the anesthesiologists and anesthesiologist assistants. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• SB 370, authored by Sen. John Wilkinson (R-Toccoa), relates to claims by the State against the estates of Medicaid recipients and waives any claim by the state against the first $25,000 of such an estate. Under current Georgia law, such decedents with estates of less than $25,000 are not subject to claims by the State, but as soon as the estate exceeds $25,000, the State may make claims that may decrease the estate below $25,000. This legislation simply ignores the first $25,000 of any estate for purposes of Medicaid claims. The Committee recommended the bill DO PASS, but Chairman Unterman noted that the bill is awaiting a fiscal note and will not be considered on the floor until the fiscal note is received and reviewed.

House Health and Human Services Committee

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

• HB 636, authored by Rep. Deborah Silcox (R-Sandy Springs), provides for licensure of genetic counselors. According to Rep. Silcox, licensure is necessary in light of the ubiquity of consumer genetic testing and dissemination of misinformation. Katie Lang and Andrea Fall, board certified genetic counselors spoke in support of the bill, noting that there are thousands of genetic tests that may be ordered by providers, but genetic counselors are not themselves licensed practitioners. Licensure is recommended by the Georgia Occupational Regulation Review Council, and Georgia would be the 25th state to license genetic counselors. Rep. Betty Price (R-Roswell) expressed concern that the Committee was moving too fast and that genetic counselors may not be equipped to diagnose or order genetic tests, to which Ms. Fall and Ms. Lang responded that physicians are generally supportive of this licensing and extension. The Committee amended the bill to include language that it will only become effective upon funding by the General Assembly. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 646, authored by Rep. Katie Dempsey (R-Rome), extends a pilot program to provide coverage for the treatment and management of obesity and related conditions under a state health insurance plan. The pilot program provides benefits for medically necessary bariatric procedures for participants selected for inclusion in the pilot program. The bill extends the pilot program for three years, to conclude on December 31, 2021. The Committee recommended the bill DO PASS by Committee Substitute that adjusts dates and gives analysis oversight to the University System of Georgia.
• HB 782, authored by Rep. Trey Rhodes (R-Greensboro), is an agency bill that amends Title 16 relating to the prescription drug monitoring program to clean up statutory provisions and improve implementation. Specifically, the bill allows the Department of Public Health to share information in the PDMP with other states and law enforcement, as well as with a patient’s electronic health record. It also includes provisions that allow unlicensed delegates who work with prescribers and dispensers to register and access the PDMP. DPH Commissioner Patrick O’Neal reported that implementation of the PDMP is going well, and the program goes live on July 1, 2018. There was concern from the Chair and Rep. Buddy Harden (R-Cordele) about whether the revision requires unlicensed delegates to register in the PDMP. Chairman Cooper clarified with stakeholders that the rules governing the PDMP do require delegates to independently register for accounts to access the system, mitigating Rep. Harden’s concern. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Regulated Industries Committee

The Committee of the House Regulated Industries, chaired by Rep. Howard Maxwell (R-Dallas) met today and considered two propositions:

• HB 736, authored by Rep. Rick Williams (R-Milledgeville), intended to regulate food industry on pop-up restaurants.  Robert Seals, attorney for Fooda, spoke.  He explained that pop-up restaurants, such as those that deliver food to an office during the work week, have been told they need to apply for permits, like a food truck.  However, they maintain that they are more like a caterer.  They do not cook on the premises, but just bring the food to an already permitted location.  This bill allows for the creation of a permit to deliver food, but not to act as a food truck.  It also creates a three hour time limit and each restaurant can only come in two days a week to each permitted location and also allows for point of sale.  Rep. Fowler had many questions on the scope and time limits created in this bill.  Rep. Maxwell clarified that there would be one permit per location for all vendors who delivered food to that locality.  However, representatives of the Georgia Department of Public Health, including Chris Rustin, DrPH, director, DPH Environmental Health Section do not wish to manage an additional permit and are concerned that the bill does not have strong enough rules around ensuring the quality of food produced in bulk and safe transport of the food.  Michael McPherson, Georgia Municipal Association, stated that they are supportive of pop-up restaurants, but share concerns regarding permits and the transport of food.  Robert Seals, returned to the podium noting that they will always abide by regulations, but maintains that the mobile permit is a burden on small restaurants.  The bill was tabled pending further review by the committee.
• HB 757, authored by Rep. Alan Powell (R-Hartwell), updates rules regulating taxis.  It requires that drivers use a soft meter and display an id card.  It also addresses regulations regarding taxis to the Atlanta airport.  Currently, cars can’t be more than seven years old.  This legislation increases that to eight years.   The author confirmed that the definition of “taxi cab” does not include or impact the rideshare community.  Several committee members had questions regarding the meter and were assured that it was just a better, updated version.  The Committee unanimously recommended the bill DO PASS to the Rules Committee.

House Public Safety and Homeland Security Committee

The Public Safety and Homeland Security, chaired by Rep. Alan Powell (R-Hartwell), met Monday and considered several propositions:

• HB 79, authored by Rep. John Pezold (R-Columbus), requires that any information that is obtained by an automated license plate reader, where the car owner is not a suspect in an ongoing investigation, be purged after 30 months.  Language in lines 36-50 provide for legislation that requires contractors to purge any gathered information, as well.  Line 41 was amended to ensure that the $5,000 fine and two years in prison will be changed to “upon conviction will be a misdemeanor.”  Currently, the fine equals a felony.  The Committee unanimously recommended the bill DO PASS to the Rules Committee.
• HB 487, authored by Rep. Josh Bonnor (R-Peachtree City) , amends the Disaster Volunteer Relief Act.  This bill allows for certain certified disaster relief volunteers to take leave from work in order to respond to a specialized disaster relief service.  These volunteers include those that work for the Red Cross and the Civil Air Patrol United States Air Force Auxiliary.  The Committee unanimously recommended the bill DO PASS to the Rules Committee.
• HB 657, authored by Rep. Jesse Petrea (R-Savannah), makes it a felony to provide a felon with a fire arm.  There were several comments regarding concerns that the person giving the gun may be unnecessarily punished if they do not know that the person they are providing the fire arm to is a felon.  The Committee passed the bill 6 to 4 to the Rules Committee.
• HB 699, authored by Rep. Dave Belton (R-Buckhead), allows for military firefighting training be accepted in lieu of basic training for firefighter certification.  The Committee unanimously recommended the bill DO PASS to the Rules Committee.
• HB 703, authored by Rep. Bill Hitchens (R-Rincon), creates the Governor’s Office of Public Safety Support.  This will allow for confidential, privileged communications between public safety officers and peer counselors.  Concern was expressed over the lack of current support for public safety officers dealing with PTSD and other issues that they are exposed to due to the nature of their job.  Several members of the public safety community provided emotional testimony to the issues they have encountered in their career and expressed deep support for this bill.  The Committee unanimously recommended the bill DO PASS to the Rules Committee.
• HB 737, authored by Rep. Clay Cox (R-Lilburn), provides for the ability of law enforcement officers and agencies to obtain mandated blood testing of individuals for HIV, Hepatitis B and Hepatitis C in instances where the officer has significant exposure.  Significant exposure matches the current definition as defined in law.  The Committee unanimously recommended the bill DO PASS to the Rules Committee.
• HB 751, authored by Rep. Alan Powell (R-Hartwell), called the “911 Bill,” it provides for cleaning up and updating Georgia’s 911 system.  Updates include provisions for compatibility with new technology, such as VoIP.  It also creates a 911 Board under the Georgia Municipal Association.  This bill is revenue neutral, and by creating this authority board, Georgia will be able to pull down federal dollars.  One technical amendment on page 29, line 1013 updates Section 2-10 to 2-11.  The Committee unanimously recommended the bill DO PASS to the Rules Committee.
• HB 774, authored by Rep. Alan Powell (R-Hartwell), called the “Booting Bill,” it would create a statewide law regulating the booting of cars.  This bill requires clear signage and puts a cap on fees.  A lengthy discussion was held regarding whether or not booting should even be legal.  Some public testimony expressed support of creating a standard regulation, while others considered booting to be an unnecessary, cumbersome and possibly violent way to monitor parking lots.  One recommendation if the bill is passed is to require insurance for booting companies.  A subcommittee was created to further discuss this bill with Rep. Darlene Taylor (R-Thomasville) as Chairwoman.
• HB 779, authored by Rep. Alan Powell (R-Hartwell), consolidates emergency management and homeland security across the state.  The new agency will be a part of GBI and will report to the GBI Director.  This is a revenue neutral bill and it will allow our current homeland division to become certified and access other funds and resources.  One clause includes preparations for a pandemic for influenza.  Rep. Darlene Taylor (R-Thomasville) questioned if it should also include provisions for other medical emergencies.  The author noted that they had worked with public health officials and were using their recommendations.  A representative of the Sheriff’s association expressed concern over the scope of the expansion of jurisdiction—specifically worried that other law enforcement agencies would lose some authority.  A subcommittee was formed to further work on this bill with Rep. Heath Clark (R-Warner Robins) as Chairman.

House Judiciary Non-Civil Committee – Reeves Subcommittee

The Reeves Subcommittee of the House Judiciary Non-Civil Committee, chaired by Rep. Bert Reeves (R-Marietta) met Monday and considered three propositions:

• HB 732, authored by Rep. Deborah Silcox (R-Sandy Springs), expands definitions in the current law.  Due to a loop hole in the language, “patronizes” has been added to “Solicits or patronizes.”  This expands the law to include cases where the trafficked individual is not picked up or solicited, but is in a pre-designated place, such as a hotel room.  This also matches the federal definition.  In addition, the bill states makes it a felony to engage anyone who is being coerced into sex trafficking that is 16 years of age or older.  Currently, the default statue allows for a misdemeanor only.  Various religious and non-profit groups who combat sex trafficking spoke of their support of this bill. The Committee unanimously recommended the bill DO PASS to the full committee.
• HB 605, authored by Rep. Jason Spencer (R-Woodbine), called the “Hidden Predator Act of 2018,” provides for an extension of the deadline for a victim of child sexual abuse to file a civil action.  This would move their eligibility from two to eight years from the date that the plaintiff knew or had reason to know of such abuse and that such abuse resulted in injury to the plaintiff as established by competent medical or psychological evidence.  It also establishes a one year revival window.  There was a great deal of discussion about an appropriate  period of time for the statute of limitations.  Public testimony included one advocate who believes the bill is too open ended and needs to have a stricter statue of limitations.  However, all other testimonies advocated for an open ended statute of limitations.  Bill has been tabled pending further discussion among the committee.
• HB 673, authored by John Carson (R-Marietta), is intended to combat distracted driving and stipulates that a driver can use one touch or one swipe to initiate and one touch or swipe to end a call, and the phone must then be used hands free.  A phone can also be used for GPS.  A substitute was created over the weekend, which the committee discussed in great detail.  This bill increases the penalty for using a phone while driving to 3 points for first citation and 4 points for subsequent citations.  Some discussion arose over the fact that anyone 18 and under will have their license suspended if they acquire 4 or more points in a year on their driving record.  Changes in the bill included cleaning up the code on lines 78 and 79, defining “hands free” on lines 100-107, noting that this makes it illegal to swipe or hit your phone more than once or to reach for a telecommunications device, tightens the language to ensure that no one is watching a video while driving and tightening the language around utility services.  The criminal penalties for manslaughter or severe bodily injury in Sections 6 and 7 were removed as they exist in other areas of Georgia law.  However, there was some concern that this would make these instances a felony with no ability for the judge to use discretion in sentencing.  Lengthy discussions were held over the structure and amount of fines and the limitation of only being able to swipe or hit a button once.  Several instances were brought up, including requiring two punches to answer a phone (once to answer and once to put on speaker), using the phone to play music or in special circumstances such as physicians on call.  Dr. Jonathan Rupp, a researcher from Emory University, quickly discussed the rates of accidents due to distracted drivers.  Public presentations included emotional stories of accidents and deaths caused by distracted drivers.  The Chairman wishes to continue working on this bill--specifically lines 15 and 16 regarding the one touch/swipe clause.  Bill has been tabled pending further discussion among the committee.

New Legislation

The following propositions were read and referred to committee today in the House:

• HB 830, authored by Rep. Buddy Harden (R-Cordele), amends Title 16 and is the annual update to the state’s controlled substance schedules. Generally requested by the Georgia Bureau of Investigation, the bill adds new drugs discovered during the prior year and clarifies how certain drugs are classified. Among other things, the bill adds fluorophenmetrazine to Schedule I, dronabinol in oral solution to Schedule II, and a litany of drugs to the definition of “dangerous drugs.” The bill was referred to the Judiciary Non-Civil Committee.
• HB 831, authored by Rep. Terry Rogers (R-Clarksville), is Georgia’s Employment First Act and amends Title 49 to transfer the division of rehabilitation services to the Department of Labor. In doing so, it creates the Employment First Georgia Council that will be charged with advising the Governor, General Assembly, and state agencies as to the adoption and integration of an employment first policy that recognizes that competitive integrated employment, including self-employment, is the first and preferred outcome of all state funded services provided to working age individuals with disabilities. The Council will be responsible for developing an employment first training plan for providers of services to individuals with disabilities; coordinating and conducing with other state, federal, and private entities, as appropriate, educational activities to increase awareness of the employment first policy of the state; evaluating the funding mechanism for daytime services in the state for individuals with disabilities and for students attending inclusive postsecondary institutions; reviewing and making recommendations in a biannual report to the Governor and the General Assembly with regard to issues and necessary steps surrounding the adoption and implementation of the employment first policy The bill was referred to the Industry and Labor Committee.
• HB 834, authored by Rep. Mandi Ballinger (R-Canton), amends Title 44 to require a landlord to accept a 30-day notice of lease termination from a tenant who has had a civil or criminal family violence order issued protecting such tenant. The bill was referred to the Judiciary Committee.
• HB 837, authored by Rep. Mary Margaret Oliver (D-Decatur), amends Title 35 to  provide for statewide uniformity in policies and procedures concerning law enforcement contact with victims of sexual assault and sexual assault evidence kit notifications. The bill also requires the Attorney General to develop, maintain, and publicly post a document concerning the rights of victims of sexual assault. The legislation’s provisions would be overseen by the Criminal Justice Coordinating Council. The bill was referred to the Judiciary Non-Civil Committee.
• HR 1039, authored by Rep. Dave Belton (R-Buckhead), creates the House Study Committee on Ennobling the Teaching Profession. The resolution provides that the study committee will investigate leadership programs, mentoring, strong recruitment and retention programs, service cancelable loan programs, more clinical practice, and other ideas to strengthen the teacher pipeline The bill was referred to the Special Rules Committee.

In the Senate, the following proposals have been offered:

• SB 384 – Sen. Michael Williams (R-Cumming) offered this initiative which proposes to amend Part 14 of Article 6 of Chapter 2 of Title 20 relating to other educational programs under Georgia’s Quality Basic Education Act.  It seeks to authorize home study students to participate in extracurricular and interscholastic activities in the student’s resident public school system.  It does propose eligibility requirements and offers limitations by resident school systems, public schools, and athletic associations with respect to home study students participating in extracurricular and interscholastic activities.  The legislation also contemplates participation fees to be paid.
• SB 386 – Sen. Brandon Beach (R-Alpharetta) introduced this legislation which would amend Chapter 8 of Title 41.  It would provide for an exception, in sales and use taxes, to the ceiling on local sales and use taxes and provide for the imposition of a transit special purpose local option sales and use tax within special districts.  It also would create in Chapter 32 of Title 50, “Atlanta-region Transit Link “ATL” Commission to serve as a division under the Georgia Regional Transportation Authority.
• SR 699 – Sen. Michael Williams (R-Cumming) authored this Resolution which urges and warns “the men and women serving in the three branches of state and federal governments to prioritize the rights of the people above any and all other interests as the fundamental consideration for crafting legislation, formulating governmental policy, and reasoning judicial opinions and to subordinate any interests government may assert, at any and all times, to those of the people; and for other purposes.”
• SR 710 – Sen. Kay Kirkpatrick, MD (R-Marietta) proposed this Resolution to recognize February 6, 2018 as X & Y Chromosome Variations Awareness Day at the state capitol.

Rules Calendars for Legislative Day 17

The House will take up six bills tomorrow:

• HB 571 -- Magistrates Retirement Fund; member in arrears for dues payments for 90 days shall be suspended; provisions
• HB 626 -- Sharon Springs, City of; incorporate
• HB 700 -- Georgia Student Finance Authority; service cancelable educational loans; include graduate degree programs
• HB 728 -- Public Education Innovation Fund Foundation; repeal an uncodified sunset provision
• HB 757 -- Local government; regulatory powers of cities and counties with certificate of public necessity and convenience; provisions
• HB 777 -- Historic Chattahoochee Compact; repeal

This and That

• The House Appropriations Committee has commenced a schedule to work on the FY 2019 Budget.  In particular, the House Appropriations Committee’s Subcommittee on Health will meet:
  
  
  • Wednesday, February 7, 2018 at 12:30 p.m. in Room 341 of the Capitol to hear presentations from the Departments of Public Health and Community Health
  • Thursday, February 8, 2018 at 12:30 p.m. in Room 341 to have a public hearing on the FY 2019 Budget (sign up, to present testimony, is to be 15 minutes prior to the commencement of the meeting)
• Gov. Nathan Deal today outlined changes he is seeking to HB 821, legislation that would update the Internal Revenue Code. While light on details other than to say that his proposal would continue to provide “tax relief for Georgians by conforming to federal tax regulations”, his statement did indicate that it would still “help our state be more competitive by eliminating the sales tax on jet fuel, which will encourage airlines to fly additional direct flights from Georgia to destinations around the globe.” We will provide additional details as they become available.
• Natural resources, and their conservation, are among topics of late under the Gold Dome. This little matter has cropped up this year as it was holdover from 2017 - the Georgia Conservancy has opted to push forward Rep. Sam Watson’s (R-Moultrie) bill on land conservation, HB 332.  The legislation, which passed out with a do pass recommendation in 2017 from the House Committee on Natural Resources and Environment, would create the “Georgia Outdoor Stewardship Act” in Chapter 6A of Title 12 – similar to other initiatives in neighboring southern states (e.g. Alabama, Florida, etc.) to ensure conservation funding.  In addition to the Georgia Conservancy, the legislation is also receiving support from other groups, including - The Nature Conservancy, Trust for Public Land, the Georgia Wildlife Federation and others.  Some of what the legislation would accomplish, as proposed, would be to dedicate 75 percent of all tax revenues collected annually from the sale of outdoor recreation equipment for the purpose of the protection and preservation of conservation land with those moneys dedicated and placed into the Georgia Outdoor Stewardship Trust Fund; provide for acquisition of critical areas for the provision of protection of clean water, wildlife or fisheries or other natural-resource-based outdoor recreation; assist local governments so that they can acquire/improve local parks and/or trails; and provide for conservation through other means such as maintenance and restoration projects.  Rep. Watson has an accompanying Resolution to amend Georgia’s Constitution for this purpose, HR 238 which was heard in the Sales Tax Subcommittee.