Gold Dome Report - February 2018 #8

Happy Valentine’s Day to our readers!  While chocolates and flowers poured through the doors of various offices in the State Capitol today, lawmakers were working on a number of important issues, including delving deeper into the needs for the State’s FY 2019 Budget.

Tomorrow, in addition to the Amended FY 2018 Budget, the Senate will take up SB 362, Sen. Lindsey Tippins’s (R-Marietta) innovative assessment pilot program for public schools. The bill, which is part of an effort led by Chairman Tippins and Lt. Governor Casey Cagle, exempts up to ten participating districts from certain state-wide assessment requirements while the districts pilot other assessment models.

In this Report:

• House Adopts Bill to Mitigate School Suspension, Increase Interventions
• Committee Reports
• New Legislation

House Adopts Bill to Mitigate School Suspension, Increase Interventions

The House considered and adopted a bill today that aims to help decrease extended suspensions of young students in cases where a multi-tiered system of supports could resolve underlying behavior problems. HB 740, authored by Rep. Randy Nix (R-LaGrange), seeks to ensure that children in grades K-5 cannot be suspended until they are provided with screenings for vision, hearing and speech language ability. Currently,15,000 students were given out of school suspension during the last year for K-3rd grade; 2,600 of those were for five or more days. The intent of this bill is to ensure that there is not an underlying condition that is causing these behavior issues. Originally, there was worry that the already overburdened speech pathologists didn’t have enough time to do these additional screenings.  Therefore, the author changed the language to say that students must be put in “response to intervention” programs for these screenings. The bill has the support of several organizations, including the Georgia Association of Educational Leaders, Georgia School Nurses, various courts, Cobb County, the Speech Language Pathologists, DCAL, Georgia Appleseed, Voices for Georgia’s Children, Adolescent Psychologists, and others. The author pointed out that this bill would not apply to children who bring guns, drugs or are a threat to a teacher or another student. Rep. Henry “Wayne” Howard (D-Augusta), rose to speak, recalling one of his bills from a previous session entitled, “Too Young to Suspend.” It made all suspension illegal for children in grades K-3, which he wished could also be included in this current bill.  However, he otherwise spoke in favor of the bill.  The House adopted the bill by a vote of 157 to 13.

Committee Reports

House Education Committee – Academic Support Subcommittee

The Academic Support Subcommittee of the Education Committee, chaired by Rep. Wes Cantrell (R-Woodstock), took up these proposals today:

• HB 852 - Rep. Michael Smith authored this initiative addressing student's continued enrollment in a public school under certain circumstances. The legislation allows students who move to a new attendance zone in the same school district to remain in their current school. The Subcommittee recommended the bill DO PASS and be sent to the full Education Committee.
• HB 853 – Rep. Katie Dempsey (R-Rome) authored this legislation relating to QBE funding for psychiatric residential treatment facilities (“PTRF”). The bill allows QBE funding to follow public school students who are admitted to a PTRF on a doctor’s orders. There are six PTRF’s in the state that already receive funding for students placed there by agencies. This legislation simply clarifies that funding should also be provided for private placements of public school students by a physician. The Subcommittee recommended the bill DO PASS and be sent to the full Education Committee.
• HB 874 – Rep. Sam Teasley (R-Marietta) authored this legislation concerning fair and timely notice when any process is initiated which could lead to the closure of a charter school. The bill requires a charter school authorizer to take several actions when a charter school closes or has a significant restructuring, including a timely notice of a closure or restructuring for parents, a survey of parents and students about the school, an analysis of the school’s role and impact, and a public forum for parent and student voices to be heard. The Georgia Cyber Academy spoke in favor of the bill. The State Charter School Commission and Department of Education spoke against the bill, noting that back-loading these requirements is not likely to be useful, and feedback is solicited throughout the charter term. The Subcommittee has hearing only on the bill and took no action.

Senate Education and Youth Committee

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

• SB 361, authored by Sen. Michael Williams (R-Cumming), the “Coach Small Religious Protection Act”, provides for freedom of religious speech for students and faculty members in public schools. The legislation includes student protections for expression, class assignments, organization of religious groups and activities, and limited public forums, as well as protections for faculty for freedom of religious expression in fulfilling their job duties. The bill also provides model policies by each local school system on student expression. After Sen. Williams presented the bill, Chairman Tippins noted that the bill addresses an issue that turns on federal constitutional law and that a state law will not resolve the issue. The Committee took no action on the bill.
• SB 384, authored by Sen. Michael Williams (R-Cumming), authorizes 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. Sen. Fran Millar (R-Marietta) spoke in favor of the bill. Sen. Ellis Black (R-Valdosta) inquired if the author had consulted with the GHSA, which he had not, and whether there would be implications relating to insurance. The Committee took no action on the bill.
• SB 401, authored by Sen. Lindsey Tippins (R-Marietta), relates to individual graduation plans and requires that eighth grade students be counseled on career aptitudes and interests and that those aptitudes and interest be incorporated in their graduation plans and consulted when scheduling ninth grade classes. The legislation also requires the Department of Education to review school counselors’ role, workload, and program service delivery in grades six through twelve. The bill was presented as a Committee Substitute, and the Committee recommended that the bill DO PASS and be sent to the Rules Committee.

Senate Regulated Industries and Utilities Committee

The Senate Regulated Industries and Utilities Committee, chaired by Sen. Frank Ginn (R), met Tuesday to hear discussion on two bills, both authored by Sen. Steve Gooch (R-Dahlonega).  He noted that a third bill, called the “Build Act” would be introduced Tuesday.  Together these three bills were all in SB 232 from last year’s session.  However, he wished to separate them out for this session due to their complexity.

• SB 402, authored by Sen. Steve Gooch (R-Dahlonega), called the "Achieving Connectivity Everywhere (ACE) Act" amends Titles 32, 36, 48, and 50 of the O.C.G.A., relating to highways, bridges, ferries, and local government.  It provides for an exception on taxes for specific right of ways, so as to promote the expansion of broadband services through planning, deployment, and incentives.  It also enables the Department of Transportation to contract with technological companies to bury broadband equipment on the right of ways of interstate highways.  It also creates the Georgia Broadband Ready Community Site designation program under the Department of Community Affairs to provide financial incentives for the expansion of broadband in Georgia.  It also allows for the exemption of sales tax in counties of 50,000 or less in population.  It short, SB 402 seeks to solve the issue of rural communities that have little or no access to the internet.  Currently, technological companies are reluctant to build up the infrastructure in rural areas because there is very little financial motivation.  This bill hopes to change this.  Several industry representatives from across the state spoke on this bill, including AT&T and Dish Network.  Generally, they were for this bill.  However, several changes were suggested, such as expanding past the defined “unserved” counties as there are only 41 counties that qualify, and it is believed that there are more counties in Georgia that are underserved.  In addition, one speaker advocated for more protections for companies after they are asked to share their data and locations of equipment .  They are worried that if that information is an “open record,” it would expose their business plan to their competitors.  Another noted that it would be preferential to include a statewide tax exemption, not just one in these rural counties since fiber optic lines can go across multiple counties.  The Department of Transportation noted that they would like to host an industry forum to figure out the RFP process for these grants.  This bill will be brought up for a vote in Committee on Thursday.
• SB 232, authored by Sen. Steve Gooch (R-Dahlonega), is entitled the, "Facilitating Internet Broadband Rural Expansion (FIBRE) Act."  It amends Titles 36, 46, 48, and 50 of the O.C.G.A., relating to local government, public utilities and public transportation, revenue and taxation, and state government. This bill further defines the parties that would be involved in expanding broadband in Georgia, limits length of timelines and what fees can be levied, sets guidelines for the size and placement of broadband technological equipment, establishes the definition of an Electric Membership Corporation to provide and operate emerging communications technologies and allows for the Public Service Commission to settle disputes. This bill will be brought up for a vote in Committee on Thursday.

New Legislation

The following propositions were introduced in the House:

• HB 918 – Rep. Chuck Efstration (R-Dacula) authored this legislation as a part of the Governor’s package which is his Tax Bill in Title 48.   It incorporates provisions of the federal law into Georgia law. The bill was assigned to the Ways and Means Committee.
• HB 919 – Rep. Sam Watson (R-Moultrie) proposed this legislation which seeks to amend O.C.G.A. § 48-8-3(82) so as to address the exemption from sales and use taxes renewal of the sales tax holiday for “Energy Star Qualified Products or WaterSense Products.”  This “holiday” from sales taxes for these products would commence at 12:01 a.m. on October 5, 2018 and conclude at 12:00 midnight on October 7, 2018. The bill was assigned to the Ways and Means Committee.
• HB 920 – Rep. Katie Dempsey (R-Rome) offered this proposal which seeks to amend O.C.G.A. § 19-8-23 and add a new subsection (b.2).  It relates to adoption and use of the Department’s information concerning the parties to an adoption.  It permits that upon approval by the Director, or his or her designee, any information concerning an adopted child, such child’s biological parents, and such child’s adoptive parents may be used solely by the Department when, after the adoption, such child dies, suffers a near fatality, or is an alleged victim of child abuse or neglect – but the Department is required to provide such information to the Office of Child Advocate for the Protection of Children.  Otherwise, the information is not subject to disclosure or release. The bill was referred to the Judiciary Committee.
• HB 922 – Rep. Kasey Carpenter (R-Dalton) offered this legislation concerning Chapter 2 of Title 20 which would be known if passed as the “Coach Small Religious Protection Act.”  It seeks to provide for freedom of religious speech for students and faculty members in public schools and proposes to provide for student protections in student expression, class assignments, organization of religious groups and activities, and limited public forums.  It also proposes model policies. The bill was referred to the Judiciary Committee.
• HB 925 – Rep. Al Williams (D-Midway) offered this legislation to provide for a minimum annual salary for each deputy appointed by sheriffs and to establish within the Department of Community Affairs the Deputy Sheriff’s Compensation Grant Program. It proposes to establish that on and after July 1, 2020 that each deputy appointed by a sheriff is to be compensated at a rate of pay equal to an annual salary of $33,500.00. Those changes are proposed in Title 15 at Chapter 16.  Further, the legislation would add a new Article 8 in Chapter 13 of Title 48 to address imposing an excise tax on prescription spectacles and contact lenses.  The rate would be one (1) percent on each item sold. This is the corresponding legislation to HR 1138 below. The bill was assigned to the Ways and Means Committee.
• HB 926 – Rep. Beth Beskin (R-Atlanta) authored this legislation which proposes to add a new Code Section at O.C.G.A. § 20-2-777.1, relating to student health in elementary and secondary education to require that each local school system submit information relating to student health and physical education presented in a form to be determined by the State Board of Education.  The State Board of Education is to compete a report, not later than December 31, 2019, on student health and physical education and make it available on the Department’s website.  The bill outlines what this Report is to contain. The bill was referred to the Education Committee.
• HB 927 – Rep. Chad Nimmer (R-Blackshear) offered this measure which proposes amendments to O.C.G.A. § 15-11-109, concerning dependency proceedings, to require that certain information be provided to a caregiver, foster parent, preadoptive parent, or relative by DFCS upon placement of a child (such as has to be provided no later than 30 days after the child is placed in the home or facility) – they are to receive a copy of or recommendations from the child’s most recent physical and dental examinations and any available information on the child’s known medical conditions and current medications; a copy of or recommendations from the child’s most recent developmental assessment, trauma assessment and psychological evaluation; a copy of any court scheduling order or the dates and times for any scheduled hearings relating to the child; and health insurance information for the child (Medicaid number, etc.).   At the time of placement, there is a requirement to provide an explanation of the process for enrolling the child in school and any information necessary to complete the process; a description of financial assistance for which the caregiver, foster parent, preadoptive parent, or relative may be eligible, (including financial assistance available for child care); a description of the reasonable and prudent parenting standard (O.C.G.A. § 49-5-3); and contact information for a county or district department of family and children services. The bill was assigned to the Juvenile Justice Committee.
• HB 928 – Rep. Rick Williams (R-Milledgeville) authored this legislation to amend O.C.G.A. § 20-3-519.2 regarding eligibility requirements for a HOPE scholarship so as to extend the period during which a student may receive a HOPE scholarship (from seven to 15 years from a student’s graduation from a high school or its equivalent – with an exception for a student who serves in the military during that 15 years which would not count against the 15 year period).  It also adds that “any student enrolled full-time or part-time in a college or university eligible for HOPE scholarships after June 30, 2018 shall become and remain eligible to receive a HOPE scholarship under the provisions of this paragraph as long as such student meets all other eligibility requirements, including, but not limited to, the requirements provided for in paragraphs (1) and (2) of this subsection.”  The legislation also amends the eligibility requirements for a HOPE grant in O.C.G.A. § 20-3-519.5. The bill was referred to the Higher Education Committee.
• HB 931 – Rep. Park Cannon (D-Atlanta) offered this bill which proposes to amend O.C.G.A. § 16-5-2(a), relating to voluntary manslaughter.  It proposes to exclude the discover or disclosure of an individual’s sexual orientation or gender identity as being serious provocation in context of voluntary manslaughter. The bill was assigned to the Judiciary Non-Civil Committee.
• HR 1138 – Rep. Al Williams (D-Midway) offered this Resolution to amend Georgia’s Constitution so as to provide that the proceeds of excise taxes on sale of contact lenses and spectacles for which a prescription is required by law be dedicated to funding the wage compensation of deputy sheriffs.  This Amendment would be added at Article III, Section IX, Paragraph VI, in a new subparagraph (p).  It would be required to be ratified by the voters if adopted. The resolution was assigned to the Ways and Means Committee.
• HR 1144 – Rep. Christian Coomer (R-Cartersville) proposed this Resolution which recognizes the month of February as Career and Technical Education Month and February 21, 2018 as Georgia Career and Technical Student Organization’s Day at the Capitol.
• HR 1155 – Rep. Brooks Coleman (R-Duluth) authored this Resolution recognizing February 22, 2018 as Georgia Association of Educators Day at the State Capitol.

The following propositions were introduced in the Senate:

• SB 419 – Sen. Chuck Hufstetler (R-Rome) proposed this legislation which would amend O.C.G.A. § 46-2-25, concerning the procedure for changing any rate, charge, classification, or service and recovery of financing costs associated with the construction of a nuclear generating plant (certified prior to January 1, 2018).
• SB 420 – Sen. Michael (Doc) Rhett (D-Marietta) proposed this legislation which in part seeks to add a new Code Section at O.C.G.A. § 31-1-16.  It would require that health clubs in Georgia have at least one functional automated external defibrillator on site at all times for use during emergencies beginning July 1, 2019.  It defines “health club” as “any commercial enterprise with 100 or more clients that provides, as its primary purpose, services or facilities for the preservation, maintenance, encouragement, or development of physical fitness or well-being, including, but not limited to, athletic clubs, gyms, and fitness centers.”  Expected users of these pieces of equipment are to complete American Heart Association or American Red Cross training in cardiopulmonary resuscitation and automated external defibrillator use or complete an equivalent nationally recognized course; ensure that this “AED” is maintained and tested according to the manufacturer’s operational guidelines; and ensure that designated personnel activate the emergency medical services system as soon as reasonably possible after any persons renders emergency care or treatment to a person in cardiac arrest by using an AED.  The Department of Public Health is tasked with enforcement and compliance.  There are proposed penalties for noncompliance.
• SB 421 – Sen. Lester Jackson (D-Savannah) authored this bill addressing the Department of Administrative Services.  It seeks to define certain terms but also creates the Division of Supplier Diversity and its oversight in Article 5 of Chapter 5 of Title 50.   This new Division and its Director would be tasked with assisting the Governor in the formulation and implementation of laws and policies relating to minority and women owned business enterprises.  It also outlines the duties of the director, who will be appointed by the Commissioner of the Department of Administrative Services.  It also establishes within the Division the Office of the Minority and Women Owned Business Enterprises Statewide Advocate.   This Advocate is also to be appointed by the Commissioner of the Department of Administrative Services.
• SB 422 – Sen. Renee Unterman (R-Buford) offered this bill which proposes to amend O.C.G.A. § 31-22-9(b), regarding clinical laboratories.  The initiative seeks to provide for changes to provisions exempting pharmacists from the provisions of Chapter 22 when performing tests considered to be within their scope of practice when they are performing tests and interpreting the results as a means to screen for or monitor disease risk factors or drug use and facilitate patient education so long as such tests are available to and for use by the public without licensure of the user of such tests.  Pharmacists performing such tests are required to make “reasonable efforts to report the results obtained from such tests to the patient’s physician of choice.”
• SB 424 – Sen. David Lucas (D-Macon) authored this legislation which would add a new Code Section at O.C.G.A. § 31-2-15, regarding the Department of Community Health.  His proposal seeks to provide for the establishment of the Center for Rural Health Innovation and Sustainability - requiring the Department to enter into a contract with an institution of higher education in Georgia to establish the Center for Rural Health Innovation and Sustainability (it does require this higher education entity to have a school of medicine; a deep understanding and appreciation of rural community dynamics and assets and use that knowledge to preserve and enhance resources that are present in the community; have a network of community based preceptors statewide and core partnerships with regional hospitals; have faculty that includes nationally recognized experts in rural health issues; and be willing to commit to a long-term relationship with rural communities in Georgia to continue to address a changing/challenging landscape.  Among its duties include provide education to hospital boards, county commissioners, health care and hospital administrators and others to promote understanding, compliance, protection of resources and institutional strength; gather and use data to identify needs, measure success, and be a trusted source for local and state governments; and etc.
• SB 426, authored by Sen. Steve Gooch (R-Dahlonega), is the Broadband Infrastructure Leads to Development (BILD) Act. The legislation limits the ability of local governing authorities to prohibit, regulate, or charge for use of public rights of way under certain circumstances.
• SB 427, authored by Sen. John Kennedy (R-Macon), amends Title 19 to provide that a court's final determination child support take into account the obligor's earnings, income, and other evidenceof the obligor's ability to pay, as well as the basic subsistence needs of the parents and the child for whom support is to be provided. The bill also revises how imputed income is calculated and how willful and voluntary unemployment and underemployment are determined.
• SR 749 – Sen. Michael Williams (R-Cumming) proposed this Constitutional Amendment at Article V, Section I of the Constitution and which revises Paragraph III.  It proposes that no person shall be eligible to serve more than two consecutive terms as Lieutenant Governor.  It also amends Article V, Section III of the Constitution at Paragraph I so that persons who have held the office of Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor and have succeeded themselves shall not again be eligible to be elected to such office until after the expiration of four years from the conclusion of their term. If passed, it will need to be ratified by the voters.
• SR 753 – Sen. Kay Kirkpatrick, MD (R-Marietta) proposed this “urging Resolution” so that the Department of Public Health will promote the shingles vaccinations and recognize August 2018 as Shingles Awareness and Improvement Month.
• SR 759 – Sen. Jeff Mullis (R-Chickamauga) authored this Resolution to designate September 1, 2018 as “Childhood Cancer Awareness Day in Georgia.”
• SR 761 – Sen. Fran Millar (R-Dunwoody) proposed this Resolution which seeks to create the Senate Study Committee on Dyslexia, the most common learning disability.
• SR 772 – Sen. Bruce Thompson (R-White) authored this Resolution which seeks to create a Joint Study Committee on Retrospective Emergency Room Policies.    It would be made up of three members from the Georgia House of Representatives and three members from the Georgia Senate.  It would be abolished on December 1, 2018.
• SR 774 – Sen. Jesse Stone (R-Waynesboro) authored this Resolution which seeks to create a Joint Study Committee on Adoption Expenses.  It mentions the passage of HB 159 which permits the payment of expenses for biological parents in private adoptions. 

Rules Calendars for Legislative Day 22

The House will take up eight propositions tomorrow:

• HB 381 – Abandoned Mobile Home Act; enact (Substitute); Teachers Retirement System of Georgia; certain members shall be eligible to obtain creditable service for international teaching service; provide
• HB 635 – Disabled Adults and Elder Persons Protection Act; at-risk adult protection investigative/coordinating teams; provide establishment
• HB 657 – Firearms; providing to person on probation as a felony first offender; make unlawful
• HB 690 – Revenue and taxation; fair market value of vehicles; change a certain definition
• HB 763 – Education; student attendance protocol committees to school climate; expand
• HB 783 – Administrative procedure; provisions creating inactive boards, panels, authorities and other such bodies; repeal
• HB 792 – Waste management; sunset date for certain solid waste surcharges and hazardous waste fees; extend
• HB 795 – Labor, Department of; authorize Commissioner of Labor to perform certain functions; provisions

The Senate will take up four bills on Thursday:

• HB 683 -- Supplemental appropriations; State Fiscal Year July 1, 2017 - June 30, 2018
• SB 362 – Education; establishment of an innovative assessment pilot program; provide
• SB 262 – Stockbridge, City of; corporate boundaries of the city; revise
• SB 263 – City of Eagles Landing; incorporate; charter; provide