Gold Dome Report — Legislative Day 11

While the House and Senate floors remain quiet, the afternoons under the Gold Dome most decidedly are not. Committee meetings abound, and lawmakers and lobbyists alike are confounded by the complexities of trying to attend multiple meetings that just so happen to be at the same time. One member of the House Agricultural and Consumer Affairs Committee even suggested a longer session to accomplish the people’s business — a suggestion that many hope is not well-taken. We’ve got notes from all the meetings we were able to cover, along with another plethora of new bills and resolutions, in today’s #GoldDomeReport.

The General Assembly wraps up their week tomorrow, when the Senate is expected to vote on SB 20, Senator Chuck Payne’s (R-Dalton) proposition to include foster care representation on the Child Advocate Advisory Committee. Additionally, the Senate Appropriations Committee is scheduled to meet early and is likely to unveil its take on the Amended FY21 Budget. Follow our team on Twitter (George Ray, Helen Sloat, and Sam Marticke) for the latest updates as we go.

In today’s Report:

• Committee Reports
• New Legislation
• Rules Calendar for Legislative Day 11

Committee Reports

House Insurance Committee
The House Insurance Committee, chaired by Representative Eddie Lumsden (R-Armuchee) met this morning to consider a single measure.

• HB 205, authored by Representative Noel Williams (R-Cordele) relates to new standards for travel insurance. The bill is a NAIC model act for travel insurance endorsed by the Georgia department of Insurance. It clarifies standards for permitting consumers to opt out of coverage offered by travel agents or carriers. The bill passed unanimously.

House Agricultural and Consumer Affairs
Newly named Chairman of the House Agricultural and Consumer Affairs, Representative Robert Dickey (R-Musella), held his first Committee meeting — stating from the outset that he had large shoes to fill with recently retired Chairman Tom McCall (R-Elberton). Other members of leadership of this Committee are Representative Susan Holmes (R-Monticello) and Representative Steven Meeks (R-Screven). This large, 28-member committee oversees Georgia’s largest industry, agriculture. Chairman Dickey began by having his new Committee members introduce themselves:

• Representative Beth Camp (R-Concord)
• Representative Marvin Lim (D-Norcross)
• Representative Mike Cameron (R-Rossville)
• Representative Mandisha Thomas (D-Atlanta)
• Representative Regina Lewis-Ward (D-McDonough)
• Representative Rebecca Mitchell (D-Snellville)
• Representative Rob Leverett (R-Elberton)

Commissioner of Agriculture Gary Black noted some of the work his Department has undertaken in the last year, particularly around keeping food on Georgia’s tables in the pandemic. He also mentioned his agency’s work to implement new federal rules and highlighted a new Taiwan trading effort with the sales of pecans. He encouraged folks to tune into GPTV at 8:30 a.m. on Saturday mornings for “Fork in the Road,” a series to highlight Georgia farms. Representative Sam Watson (R-Moultrie) inquired what work has been underway to get Georgia farm workers and those in processing plants to receive the COVID-19 vaccine; Commissioner Black responded that he and his Department had been in communication with the Department of Public Health and an industry call was slated for Friday. A number of kudos were extended to Black and his Department — including efforts for the partnership in DeKalb with helping individuals access food and keeping the Thomasville farmer’s market open.

The Committee had two action items:

• Rules — Chairman Dickey presented proposed Committee Rules. Representative Corbett proposed an amendment to lower the quorum for business from eight members to six members; his motion was questioned by Representative Mitchell due to video capacity for meetings. Corbett’s motion carried. The Rules were then adopted as amended with the lowered quorum.
• HB 153, authored by Representative Marcus Wiedower (R-Watkinsville), seeks to add a new Code section at O.C.G.A. § 10-1-393.16 in an effort to require individuals who are mailing solicitations for services for corporate filings insert at the top of such solicitations a notice that the information is “not a bill or official government document” and that the document is a solicitation. Representative Wiedower explained that folks were receiving these notices for annual corporate registrations from companies and being charged fees; otherwise, a person can complete the annual filing online for much less money. Others on the Committee indicated that this also occurred with court documents such as obtaining deeds. The bill received a DO PASS recommendation and now moves to the House Rules Committee.

In closing comments, many members of the Committee expressed frustration in getting to the meeting due to other meetings occurring at the same time. Representative Dominic LaRiccia (R-Douglas) expressed that perhaps the General Assembly should think about moving to a six-month long session or the Committee think about having meetings at 7 a.m. or 7 p.m., particularly when the Committee was focused on the state’s number one industry.

House Judiciary Committee
The House Judiciary Committee, chaired by Representative Chuck Efstration (R-Dacula), met to consider multiple bills today.

• HB 97, authored by Representative Rob Leverett (R-Elberton), amends O.C.G.A. §15-9-36 to require that appointed chief clerks of probate courts swear the oath required of other civil officers.

After Representative Leverett’s presentation, the bill received a motion DO PASS.

• HB 134, authored by Representative Victor Anderson (R-Cornelia), amends O.C.G.A. § 50-14-3 to exclude conversations about cybersecurity contracting and planning from open meeting requirements.

After Representative Anderson’s presentation, the bill received a motion DO PASS.

• HB 90, authored by Representative Bruce Williamson (R-Monroe), which amends O.C.G.A. § 51-12-51 to exempt certain buyers of land for the conversion of timber from liability claims relating to the timber was removed from the agenda for more discussion at a later date.

Occupational and Professional Licensing Subcommittee of the House Regulated Industries Committee
The Occupational and Professional Licensing Subcommittee of the House Regulated Industries Committee, chaired by Representative Jason Ridley (R-Chatsworth) met today to consider two bills.

• HB 68, authored by Rep Heath Clark (R-Warner Robins), extends the time post discharge from 180 days to two years for military personnel to submit their certifications to state licensing boards for licensure qualifications. This bill received a motion DO PASS.
• HB 147, also authored by Representative Clark, relates to providing licensure by endorsement for professionals from another state who meet substantially similar standards to those in Georgia in the other states. The bill was tabled to work out language relating to professions and boards not under the Secretary of State, such as dentistry and medicine, for which an out of state licensee may not have passed a national licensing exam similar to the one Georgia requires.

House Human Relations and Aging Committee
The House Human Relations and Aging Committee, chaired by Representative Jesse Petrea (R-Savannah), met to adopt committee rules and hear a presentation from DCH. Chairman Petrea began by recognizing the new members of the committee:

• Representative Lauren McDonald (R-Cumming)
• Representative Rebecca Mitchell (R-Snellville)
• Representative Charlice Byrd (R-Woodstock)
• Representative Matthew Gambill (R-Cartersville)

The committee adopted its rules. Democratic members of the committee wished to increase the quorum to ten members, but the committee voted to keep the quorum at six members.

The committee then heard from the Healthcare Facilities Regulation Division of the Department of Community Health. Chief Compliance Officer Joe Hood oversees the division which licenses various facilities in the state including nursing homes, assisted living facilities, community living arrangements, hospitals, and personal care homes.

After the conclusion of the presentation, the committee adjourned.

Senate Education & Youth Committee
The Senate Education and Youth Committee, chaired by Senator Chuck Payne (R-Dalton) met today to consider multiple bills.

• SB 3, authored by Senator Lester Jackson (D-Savannah), amends O.C.G.A. § 20-2-690.1 and 20-4-15 to raise the minimum age of mandatory education from 16 to 17.

In presenting his bill to the Committee, Senator Jackson described his bill as a “criminal justice reform” measure focused on “helping children help themselves.” He noted that the increasing dropout rate results in an increasing incarceration rate. Senator Jackson explained that we are only 1 of 15 states that allow students to drop out at age 16. Senator John Albers (R-Alpharetta) spoke in favor of the bill, suggesting that it is “cheaper to educate than incarcerate.” Senator Elena Parent (D-Atlanta) spoke in support of the bill and asked why it hasn’t happened yet, to which Senator Jackson noted there is a $20M cost associated with keeping these students in school. Senator Matt Brass (R-Newnan) suggested that the $20M cost is actually an investment. Senator Lindsey Tippins (R-Marietta) expressed concern that students kept in school against their will would not be “profitable”, but he is working on a bill to build on SB 2 and create a high school graduation program administered by TCSG to cut down on the academic courses necessary to earn a high school diploma.

Buddy Costley of the Georgia Association of Educational Leaders expressed support for attempts to increase the graduation rate but raised concerns about the other implications of raising the dropout age. Scott Bierman of the Georgia School Board Association spoke in favor of the legislation. No action was taken on the bill, but a fiscal note has been requested.

• SB 42, authored by Senator Jeff Mullis (R-Chickamauga), amends O.C.G.A. § 20-14-33 to stipulate that school climate determinations not include student discipline data. This bill was referred to the Senate Education & Youth Committee.

The bill was previously heard by the committee, and Senator Mullis explained that the bill will allow schools to engage in disciplinary processes more freely without concern about its effect on the school climate rating. He noted that discipline issues are currently going unreported due to fear that such referrals will negatively impact the ratings. During the previous hearing, members expressed concern about the accessibility of discipline information for the public if it is not included in the school climate rating. Senator Tippins offered an amendment to address this concern by requiring schools to make discipline information publicly available while removing it from the school climate rating calculation. Senator Sonya Halpern (D-Atlanta) expressed concern about school accountability under this model. Chairman Payne also indicated that Senator Mullis has proposed an amendment to the legislation, but it was not presented.

Caroline Durham of the Georgia Appleseed Center for Law and Justice spoke to the bill and expressed concern about the implications of pulling a single variable out of a complex calculation of school climate and suggested more study is necessary. A representative of End Mass Incarceration Georgia Network explained to the Committee that it was the parental community that wanted discipline information included in the school climate rating, and the legislation proposed goes against that interest.

No action was taken on the bill or amendments.

Senate Health & Human Services Committee
The Senate Health & Human Services Committee, chaired by Senator Ben Watson (R-Savannah), met to consider one bill today:

• SB 4, authored by Senator Kay Kirkpatrick (R-Marietta), relates to substance abuse treatment programs. The bill creates a new Article within Chapter 5 of Title 26 to prohibit substance abuse providers from receiving referral fees or reimbursement related to patient referrals. The bill also amends Title 33 to prevent unfair billing practices for drug testing in substance abuse programs.

Senator Kirkpatrick presented the bill to the Committee, which implements regulation of recovery residences that are not currently regulated. Senator Kirkpatrick noted that the bill passed the Senate last year and does not affect direct treatment facilities. The legislation prohibits patient brokering, mirroring federal anti-kickback language, and bars the unbundling of drug tests. Dick Cottrell, a former owner of a recovery residence in Atlanta and past president of the Georgia Association of Recovery Residences, spoke to the bill, noting that the behavior targeted by the bill is not rampant but the legislation will help keep bad actors in check. Charmin Talley, Executive Director of the Georgia Association of Recovery Residences; Missy Owen, CEO of the Davis Direction Foundation; and Jeff Breedlove of the Georgia Council on Substance Abuse all spoke in favor of the bill. Individuals Lisa Franklin of Delray Beach, Florida, and Heather Hayes, licensed professional counselor and interventionist, also spoke in favor. After public testimony, Senator Greg Dolezal (R-Cumming) suggested that the penalties for patient brokering may be too low, but Senator Kirkpatrick was not open to an amendment today. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Special Committee on Access to the Civil Justice System
The House Special Committee on Access to the Civil Justice System, chaired by Representative Trey Kelley (R-Cedartown), met today to hear one bill.

• HB 112, authored by the Chair, amends multiple Code sections to extend COVID-19 liability protections for one year after the August 5, 2020 effective date of the original legislation.

Chairman Kelley noted that there were various letters of support from entities including the Georgia Chamber, Metro Atlanta Chamber, GHA, NFID, and the Georgia Association of Trial Lawyers.

There was no discussion on the bill and the bill received a motion DO PASS.

New Legislation

The House read and assigned the following legislation to committee today:

• HB 236, authored by Representative Yasmin Neal (D-Morrow), amends Title 19 to provide for periodic safety checks by local law enforcement of family violence victims after the granting of a temporary protective order. This bill was referred to the House Judiciary Non-Civil Committee.
• HB 245, authored by Representative John LaHood (R-Valdosta), amends Title 43 to require that individuals seeking to have their license to practice podiatry reinstated submit to a criminal background check. It removes the requirement for renewals. This bill was referred to the House Health and Human Services Committee.
• HB 246, authored by Representative Sam Watson (R-Moultrie), amends Title 40 to increase the fee for issuance of replacement licenses and permits. This bill was referred to the House Motor Vehicles Committee.
• HB 247, authored by Representative John Carson (R-Marietta), amends Title 40 to remove the first offender leniency from Georgia's hands free driving law. This bill was referred to the House Public Safety and Homeland Security Committee.
• HB 248, authored by Representative Alan Powell (R-Hartwell), amends Title 40 to shift authority to approve school zone speed cameras from the local school affected to the local governing body for the county or municipality. This bill was referred to the House Public Safety and Homeland Security Committee.
• HB 255, authored by Representative Scott Holcomb (D-Atlanta) amends Titles 15, 17, 35, 43 to enact the "Sexual Assault Reform Act of 2021." This bill was referred to the House Judiciary Non-Civil Committee.
• HB 256, authored by Representative Rhonda Burnough (D-Riverdale), amends Title 20 to establish the HOPE tuition-free grant for individuals studying in high demand fields in the Technical College System of Georgia. This bill was referred to the House Higher Education Committee.
• HB 257, authored by Representative Ed Setzler (R-Acworth), amends Title 49 to provide for registration of maternity supportive housing residences to provide housing for pregnant women. The bill also bars any county, municipality, or consolidated government from constraining the establishment or operation of maternity supportive housing residences or placing occupancy requirements on such residences that would not apply to a single family living in the residence. This bill was referred to the House Health and Human Services Committee.
• HB 259, authored by Representative Rhonda Burnough (D-Riverdale), amends Title 20 to create a needs based HOPE Scholarship. Prospective scholarship recipients must be solely responsible for their own finances, not have been claimed as a tax dependent within the past 24 months, and have an annual gross income of less than $75,000. This bill was referred to the House Higher Education Committee.
• HB 260, authored by Representative Todd Jones (R-South Forsyth), amends Title 10 to provide standards for cybersecurity programs to protect businesses from liability. The bill also provides for affirmative defenses for data breaches of private information. This bill was referred to the House Judiciary Committee.
• HB 261, authored by Representative Todd Jones (R-South Forsyth), amends Title 31 to provide for the establishment of a pilot program to conduct a simulated exchange for health care facilities to purchase and sell charity care credits to meet their charity care requirements. This bill was referred to the House Human Relations and Aging Committee.
• HB 262, authored by Representative Gregg Kennard (D-Atlanta), amends Title 20 to provide for mandatory pre-kindergarten and kindergarten for all children prior to entering into first grade. This bill was referred to the House Education Committee.

The Senate read and assigned the follow legislation to committee today:

• SB 75, authored by Senator Kim Jackson (D-Stone Mountain), amends Title 44 to provide for lease terminations for victims of stalking. This bill was referred to the Senate Judiciary Committee.
• SB 77, authored by Senator Harold Jones (D-Augusta), amends Title 16 to provide that possession of certain quantities of marijuana constitutes a misdemeanor. This bill was referred to the Senate Judiciary Committee.
• SB 78, authored by Senator Harold Jones (D-Augusta), amends Title 16 to expand the scope of the criminal statute preventing the electronic transmission of sexually explicit content without the consent of the depicted person. The bill expands prohibited transmission to include posting the content on a website or other sharing source. This bill was referred to the Senate Judiciary Committee.
• SB 79, authored by Senator Harold Jones (D-Augusta), amends Title 21 to enumerate the "felonies involving moral turpitude" for the purposes of eligibility for voting. This bill was referred to the Senate Judiciary Committee.
• SB 80, authored by Senator Kay Kirkpatrick (R-Marietta), amends Title 33 to create the "Ensuring Transparency in Prior Authorization Act." The bill begins by requiring all utilization review entities to make any prior authorization requirements and restrictions readily available on its website to enrollees, healthcare providers, and the general public. This publicly available information must include, but not be limited to, all written clinical criteria. Additionally, any planned change to prior authorization requirements or restrictions must be communicated to healthcare providers of enrollees no less than 60 days before the change takes place. All adverse determinations must be made by a physician that is 1) licensed to practice medicine in the state; 2) of the same specialty for which the authorization determination is made; and 3) have experience treating patients with the medical condition for which the service is being requested. The bill also requires that prior to any adverse determination, the enrollee's physician be given the opportunity to discuss the medical necessity of the requested service. All prior authorization determinations must be made within two business days of the original request. The bill proscribes prior authorization decisions for any prehospital transportation or the provision of emergency healthcare treatment. If a healthcare provider submits written certification, within 72 hours of the emergency services, that the condition of the enrollee required emergency services the certification will serve a presumption that the services were medically necessary. Prior authorization cannot be revoked as long as the services are performed within 45 days of date the provider received the determination. Any failure by a utilization review entity to adhere to deadlines or other requirements will result in the automatic granting of authorization for all services pending review. This bill was referred to the Senate Insurance and Labor Committee.
• SB 81, authored by Senator Jeff Mullins (R-Chickamauga), amends Title 20 to change the name of the Office of College and Career Transitions to the Office of College and Career Academies. The bill also requires TCSG to collaborate with the Workforce Development Board and Department of Economic Development in recruiting and expanding industries in the state. This bill was referred to the House Higher Education 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. This bill was referred to the Senate Insurance and Labor Committee.
• SR 53, authored by Senator Brandon Beach (R-Alpharetta), proposed a constitutional amendment to provide for pari-mutuel betting. This resolution was referred to the Senate Regulated Industries and Utilities Committee.

Rules Calendar for Legislative Day 12

The Senate is expected to consider the following measures on Thursday for Legislative Day 12:

• SB 20 — Child Advocate Advisory Committee; composition; revise