Seizing the opportunity to get out and enjoy an increasingly rare sunny day in Atlanta, both the House and Senate convened and moved quickly through their agendas today. The House passed both HB 487 and HB 780 unanimously while the Senate approved SB 315 and SB 322 (while tabling HB 545). The afternoon was light on committee meetings as legislators packed up for the weekend and prepared for the upcoming marathon week consisting of five legislative days. Get some rest, and come back to see us at the #GoldDomeReport on Monday!

In today’s Report:

• Committee Reports
• New Legislation
• Rules Calendars for Legislative Day 17

Committee Reports

Senate Appropriations Committee — Human Development Subcommittee

The Human Development Subcommittee of the Senate Appropriations Committee, chaired by Sen. Renee Unterman (R-Buford), met today to hear testimony from State agencies on the Amended FY20 Budget passed by the House earlier this week. Judy Fitzgerald, Commissioner of the Department of Behavioral Health and Developmental Disabilities, opened testimony by providing an overview of the House’s changes to Governor Kemp’s proposed budget. She specifically focused on additions of $2.5M for crisis bed infrastructure and capacity and $2.8M for core services. To the former item, Commissioner Fitzgerald explained that the allocation would restore funds already spent to enhance existing crisis beds for increasingly acute patients. On the latter item, she explained that additional funds would provide for increased capacity to provide outpatient services through community service boards.

Dr. Kathleen Toomey, Commissioner of the Department of Public Health, spoke to the changes in her department’s budget. The House reduced Governor Kemp’s proposed cut to the Sickle Cell Foundation of Georgia from $265,000 to $115,000, and increased funding to the Fulton County Board of Health by $540,000 to reflect the amount actually due to it. The House also $2.6M of Governor Kemp’s proposed $6.3M cut to Public Health Formula Grants to county health departments. Dr. Toomey noted that this took the proposed 5% cut to about 3%. The Department’s reduction target in discussions with the Governor’s Office before his budget was released was 4%.

Department of Human Services Commissioner Robyn Crittenden and Division of Family and Children Services Director Tom Rawlings presented on behalf of their department. The changes to their budget included reductions to Child Support Services to reflect actual vacant positions, as well as reductions for unfilled positions in the Family First Project Management Team and quality assurance monitors. The House also reduced the Department budget by $940,000 to reflect the delayed implementation of a pilot program for closed foster care cases. However, the House added back $500,000 to help fund an educational pilot program by the Multi-Agency Alliance for Children. Chairman Unterman asked about the location of this program, to which Director Rawlings stated that it is not in a single location but rather provides intensive case management services across a number of counties.

House Judiciary Non-Civil Committee

The House Judiciary Non-Civil Committee, chaired by Rep. Chuck Efstration (R-Dacula), met today to consider one bill. HB 799, authored by Rep. Shaw Blackmon (R-Bonaire), amends Title 40 to allow an individual with a suspended license for being in control of a moving vehicle under the influence of a controlled substance or marijuana to be eligible for early reinstatement or a limited driving permit in certain circumstances. Rep. Blackmon noted that this is already allowed for individuals who have lost their license for driving under the influence of alcohol, and this bill simply brings parity. The Committee recommended the bill DO PASS and be sent to the Rules Committee. 

New Legislation

The following legislation of interest was introduced in the House today:

• HB 962, by Rep. Eddie Lumsden (R-Armuchee), seeks to amend O.C.G.A. § 50-5-51(9) so as to provide a new authority for the Department of Administrative Services to enter into or authorize agreements with private for profit organizations. Currently, the Department is permitted to enter into or authorize agreements with private nonprofit organizations or other states and their political subdivisions to effectuate the purposes and policies of Chapter 5 of Title 50.
• HB 963, by Rep. Chuck Efstration (R-Dacula), seeks to amend Georgia’s Civil Practice Act in Title 9.  In part, it seeks to clarify actions which may be brought pursuant to O.C.G.A. § 9-3-51 regarding recovery for deficiencies. It adds that the Code sections do not apply to actions for breach of contract, including, but not limited to, actions for breach of express contractual warranties in O.C.G.A. § 9-3-51(c).
• HB 970, by Rep. Vance Smith (R-Pine Mountain), seeks to add a new Code section at O.C.G.A. § 48-7-29.8 regarding tax credits for rehabilitation of historic structures. It will add a number of new definitions for such terms as “certified rehabilitation,” “certified structure,” “historic home,” “qualified rehabilitation expenditure,” “substantial rehabilitation,” and “target area.” Under his proposal, a taxpayer is allowed a tax credit against the tax imposed by this Chapter 7 at such time as certified rehabilitation is completed: “1) in case of a historic home, equal to 25 percent of qualified rehabilitation expenditures, except that, in case of a historic home located within a target area, an additional credit equal to 5 percent of qualified rehabilitation expenditures are to be allowed; and 2) in the case of any other certified structure, equal to 25 percent of qualified rehabilitation expenditures.” Qualified rehabilitation expenditures may only be counted once in determining the amount of the tax credit available. More than one entity is prohibited from claiming a credit for the same qualified rehabilitation expenditures. It proposes to limit credits for a historic home at $120,000 for any 120 month period. The maximum credit for any other individual certified structure is capped at $1 million for any taxable year. To seek credits under this Code section, individuals must apply and each application is to include a precertification from the Department of Natural Resources certifying that the improvements to the certified structure are to be consistent with the Department of Natural Resources Standards for Rehabilitation.
• HB 971, by Rep. Micah Gravley (R-Douglasville), seeks to amend Chapter 11 of Title 15 regarding the Juvenile Code training for juvenile court intake officers.  Such training would be required to be conducted annually with a minimum of two hours of training each year. It also seeks to make a number of other changes:
  • O.C.G.A. § 15-11-133.1, addressing temporary alternatives to foster care which may be ordered by the court ex parte, prior to a preliminary protective hearing, allows that a temporary alternative to foster care may include one or more of the following: 1) a temporary order authorizing the child to be cared for by a relative or fictive kin; 2) a temporary order authorizing any of the protective powers set forth in O.C.G.A. 15-11-29 without the necessity of a show cause hearing; or 3) an order that the DFCS investigate and report to the court whether removal is necessary.
  • O.C.G.A. § 15-11-145(h), relating to preliminary protective hearings, is added to allow that the “court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of an alleged dependent child or to make determinations or findings required by O.C.G.A. § 15-11-146.”
  • O.C.G.A. § 15-11-215(e), relating to notice of change in placement hearings and presumptions, adds also that the court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate case plan and permanency plan.  It further amends (g) of this Code section so that if the court finds that the child has been living in a stable home environment with his or her current caregivers for the past 12 months and that removal of the child from those caregivers would be detrimental to the child’s emotional well-being, the court may presume that continuation of the child’s placement with his or her current caregivers is in the child’s best interests and is to enter a finding that a change of placement is a failure by DFCS to make reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing – provided, however, that such presumption is not to apply to prevent the return of the child to his or her parent, guardian, or legal custodian.
  • O.C.G.A. § 15-11-216 with a new subsection (f) so that the court may consider any evidence, including hearsay, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate case plan and permanency plan in relation to the periodic review hearings and required evidence.
  • Other changes allowing this evidence are made in O.C.G.A. § 15-11-230 and O.C.G.A. § 15-15-11-321.
  • O.C.G.A. § 15-11-340(d) is altered  Presently, every 60 days, a DFCS case manager is to determine if a child is still eligible for extended care youth services; this pushes out that to every 12 months.
• HB 972, by Rep. Penny Houston (R-Nashville), seeks to amend O.C.G.A. § 46-2-91 regarding penalties for violations of pipeline safety standards and regulations prescribed and enforced by the Public Service Commission. It adds in (b) that any operator which violates any rule or regulation of the Commission prescribed pursuant to O.C.G.A. § 46-2-20(i) or which fails, neglects, or refuses to comply with any order after notice thereof, is liable to a penalty not to exceed the maximum penalties provided for in 49 C.F.R. Section 190.223. Operator is defined as any person who engages in the transportation of natural gas by pipeline.
• HB 977, by Rep. Vernon Jones (D-Lithonia), seeks to amend O.C.G.A. § 36-1-20 so as to authorize the governing authority of each county with a chief executive officer form of government to adopt ordinances governing the possession of one ounce or less of marijuana within the unincorporated areas of the county. Violations of such ordinances may be punished by fines; maximum punishment for the violation of such ordinances shall not exceed a fine of $1,000.00. Fines and bond forfeitures arising from the prosecution of such cases are to be retained by the county and paid into the treasury of the county.
• HB 981, by Rep. Billy Mitchell (D-Stone Mountain), seeks to amend Titles 16, 20, and 31 to specifically authorize counties and cities to exercise local control over certain activities related to smoking and vaping. It also proposes to allow for certain regulations governing sales of tobacco products and vapor products to minors. It further seeks to amend Georgia’s Smoke-Free Air Act of 2005 to include electronic smoking devices (defined as “any product that contains or delivers any other substance intended for human consumption that can be used by a person to enable the inhalation of vapor or aerosol from such product, including, but not limited to, electronic cigarettes, electronic cigars, electronic pipes, hookahs, electronic hookahs, and vape pens. The term does not include a humidifier or similar device that emits only water vapor or an inhaler, nebulizer, or vaporizer regulated as a device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.” Among places where there is an exemption permitted now, it strips in O.C.G.A. § 31-12A-6 smoking areas in international airports as designated by the airport operator; it adds a new exemption for all workplaces of any manufacturer, importer, or wholesaler, of vapor products, of any vapor retailer, and all vapor product storage facilities.
• HB 982, by Rep. Jeff Jones (R-Brunswick), seeks to address current law relating to civil practice and procedure and continuances relative to trial so as to provide for and revise the granting of continuances and stays in civil and criminal cases at certain times and intervals for members and certain staff of the General Assembly for the purposes of fulfilling their responsibilities to the General Assembly. These changes are offered in O.C.G.A. § 9-10-150 and O.C.G.A. § 17-8-26.
• HB 983, by Rep. Rick Williams (R-Milledgeville), seeks to address Georgia’s Sexual Offender Registration Review Board. It proposes to allow a sexual offender who is in a state or privately operated hospice facility, skilled nursing home, or residential health care facility, with the approval of the sheriff of the county where such sexual offender resides, to satisfy the annual registration requirements by registering at any time during the sexual offender’s month of birth. The changes are proposed in Chapter 1 of Title 42.

The following legislation of interest was introduced in the Senate today:

• SB 402, authored by Sen. Randy Robertson (R-Cataula), amends O.C.G.A. 17-6-12 to alter the instances in which a person can be released on their own recognizance when charged with a crime. The bill adds a definition for an “unsecured judicial release” and replaces references to “upon his or her own recognizance” with this new definition in various parts of Code. The bill creates an enumerated list of felonies that are restricted from an unsecured judicial release. This bill was referred to the Senate Public Safety Committee.
• SB 403, authored by Sen. Burt Jones (R-Jackson), amends Title 50 to authorize the Georgia Lottery Corporation to operate and manage a mobile sports wagering program. The bill also creates the Georgia Mobile Sports Wagering Integrity Commission responsible for overseeing and licensing entities that operate mobile sports betting lottery games. Under this bill, net proceeds from lottery games under this program are directed to school improvement and educational enhancements that support school technology grants and pre-k funding. This bill was referred to the Senate Regulated Industries and Utilities Committee.
• SB 404, authored by Sen. Greg Dolezal (R-Cumming), amends Chapter 71 of Title 36 to provide for educational development impact fees to pay for a share of the cost of additional educational facilities to serve new growth and development in the same area in which those fees are imposed. This bill is the enabling legislation for SR 776 if it were to be approved by voters. This bill was referred to the Senate Education and Youth Committee.
• SB 412, authored by Sen. Randy Robertson (R-Cataula),seeks to amend O.C.G.A. 33-7-6 to revise the meaning of “property insurance” This bill was referred to the Senate Insurance and Labor Committee.
• SB 415, authored by Sen. Steve Gooch (R-Dahlonega), amends multiple TItles to provide for comprehensive tort reform in the state. This bill was referred to the Senate Insurance and Labor Committee.
• SR 776, by Sen. Greg Dolezal (R-Cumming), seeks an amendment to Article VIII, Section VI at Paragraph V so as to provide that the General Assembly may by general law authorize local boards of education to impose, levy, and collect development impact fees and use the proceeds to pay for a share of the cost of additional educational facilities to serve new growth and development in the same area in which those fees are imposed.  His enabling legislation is SB 404 which adds a new Article 3 in Chapter 71 of Title 36. This resolution was referred to the Senate Education and Youth Committee.

Rules Calendars for Legislative Day 17

The House is expected to consider the following measures on Monday for Legislative Day 17:

• HB 417 — Law enforcement officers and agencies; comprehensive regulation of trauma scene cleanup services; provide
• HB 583 — Insurance; framework for regulating the offering or issuance of travel insurance in this state; provide
• HB 820 — Transportation, Department of; state investment in railways and railroad facilities and equipment; provide

The Senate is expected to consider the following measures on Monday for Legislative Day 17:

• SB 123 — Waste Management; the coal ash surcharge imposed by host local governments; eliminate
• SB 302 — "Tax Credit Return on Investment Act of 2020"; independent economic analyses; provide; enact
• SB 310 — Professions; regulations; provide; certain boxing, wrestling, and martial arts associations and federations; provisions
• SB 319 — Rivers and River Basins; dam safety; building of inhabitable structures in the inundation zone of Category II; prohibit
• SB 341 — Peace Officers; re-employment of retired peace officers and correctional officers during disasters and emergencies; provide
• SB 359 — 'Surprise Billing Consumer Protection Act'; certain consumer protections against surprise billing; provide