Gold Dome Report — Legislative Day 9

After a marathon of Senate budget subcommittee meetings to close last week, the General Assembly reconvened with a bit of lethargy. Although the Senate did take up three propositions that each earned easy passage, the House floor and committee calendar was relatively quiet. Still, the hoppers remain hot as legislators continue to file legislation on a variety of topics. Details on these bills and resolutions of interest in today’s #GoldDomeReport.

In today’s Report:

• Committee Reports
• New Legislation

Committee Reports

Senate Finance Committee
Senator Chuck Hufstetler (R-Rome) led his Committee this afternoon with a hearing on SB 1, a bill authored by Senator Dean Burke (R-Bainbridge) which amends Title 31 to require that entities, that receive state income tax credits and provide self-funded, employer sponsored health insurance not subject to the regulatory authority of the Commissioner of Insurance, must report insurance claims information to the Georgia All-Payer Claims Database. The legislation further requires compliance with the reporting requirement beginning January 1, 2022, as a condition to continued receipt of any such tax credits.

The Committee held a hearing only discussion today on the legislation. Senator Burke explained the legislation on the All-Payer Claims Database initiative which has been adopted in 34 states. The goals are to provide transparency and predictability to improve outcomes and access to healthcare. The claims completed by providers for patients would be translated into numbers and codes and sent through an automated process to a depository which will be housed at Georgia Tech. The information captured will be “de-identified.” The Georgia Chamber of Commerce and Metro-Atlanta Chamber of Commerce have raised concerns about the legislation and Senator Burke is working with them to provide education on the initiative as it will impact ERISA-covered plans. There were some questions about the data collected which includes specific diagnosis, cost, and etc. Senator Nan Orrock (D-Atlanta) indicated that this data could perhaps even show why Georgia needs to raise taxes on tobacco, especially since Georgia is in the “stroke belt.” Senator Lester Jackson (D-Savannah) inquired about if there had been conversations around making the database “voluntary” versus a “mandate.” Senator Burke explained that some states used voluntary reporting of data but had seen uneven success.

Scoggins Subcommittee of the House Judiciary Committee
The Scoggins Subcommittee of the House Judiciary Committee met this afternoon to consider a single measure. Chairman Mitchell Scoggins (R-Cartersville) called on Representative Victor Anderson (R-Cornelia) to present HB 134. The bill would exempt discussions about cybersecurity planning and contracts from state open meeting requirements. Members of the committee were generally supportive of the bill. A member of the public expressed his concern that the bill might be too broad which would allow discussions about surveillance systems in police agencies. Ultimately the bill received a motion DO PASS and now moves to the full House Judiciary Committee.

Senate Education & Youth Committee
The Senate Education & Youth Committee, chaired by Senator Chuck Payne (R-Dalton), met to consider the following legislation today:

• SB 20, authored by Senator Chuck Payne (R-Dalton), amends O.C.G.A. § 15-11-747 to add three new members to the Child Advocate Advisory Committee. These new members include a current or former foster parent to be appointed by the Governor, a former foster child that reached the age of majority or graduated from high school while in the foster care system to be appointed by the Lt. Governor, and an individual that served at least three years as a court appointed special advocate to be appointed by the Speaker of the House. This bill was referred to the Senate Education & Youth Committee.

Senator Payne presented the bill to the Senate Education & Youth Committee, noting that the legislation was requested by the Lieutenant Governor's office to keep from "leaving foster children behind." There were no questions from the Committee, which unanimously recommended the bill DO PASS.

• 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.

Senator Mullis presented the bill to the Senate Education & Youth Committee, explaining 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. The bill is being promoted by Educators First, and Deanna Harris spoke in favor of the bill. In response to a question from Senator Lester Jackson (D-Savannah), she noted that discipline data will still be reported to the State, it will just not be included in the climate rating. Senator Matt Brass (R-Newnan) stated that he had heard concerns about the potential impact of this bill on the foster care community. He also noted heartburn over how parents will meaningfully access discipline data. Senator Elena Parent (D-Atlanta) expressed concerns about the ramifications and unintended consequences of removing this accountability. Senator Freddie Powell Sims (D-Dawson) also expressed concern about underreporting of discipline data but was not sure the bill would "fix the problem." Chairman Payne expressed support for the bill. Senator Lindsey Tippins (R-Marietta) acknowledged there are discipline problems in schools, and charter schools are at an advantage because they can dismiss students who are discipline problems. He called for an "honest reporting" of discipline in schools and suggested we need "enhanced reporting" of discipline (like the nuance between starting a fight and defending yourself, or bringing a knife in a lunchbox). Senator John Albers (R-Alpharetta) expressed support for the bill and called for a study committee to consider school discipline more widely during the summer and fall. Senator Tippins recommended tabling the bill to perfect it between now and the next meeting, a recommendation that the author accepted. The Committee is expected to consider the bill on Wednesday.

Senate Appropriations — General Government Subcommittee
Chairman Lee Anderson and his Subcommittee delved into the FY 2021 Amended spending plan. A few of the highlights of this Subcommittee’s work were:

• Department of Labor — Commissioner Mark Butler provided some details on payments of unemployment insurance claims. The Department of Labor is working closely now with the Department of Revenue, especially as it relates to PUA claims (which require proof of income). Butler indicated that there were going to be individuals who may have submitted claims but will never be paid. For one week alone, Butler explained that there were 28,000 new UI claims but 24,000 of those have been adjudicated (thus, 4,000 not adjudicated). Butler stressed that there is no “backlog” of claims. He did acknowledge that PUA claims were slower but that is because the Department of Labor has to see if the individual qualifies for benefits or for regular UI (it requires looking at an individual’s tax forms). Butler did state that there was a backlog of appeals of claims. There are also individuals who have not requested payments (probably 20,000 eligible but those individuals could have also obtained new jobs). He noted that UI was 90 percent completed; extended benefits were 96 percent completed. Again, the slowest are the PUA. Individuals will not receive UI if they have quit or been fired from their jobs. In PUA numbers, Butler recited that 435,000 requested; 332,000 have been paid - again, he stressed this is where there is high fraud or individuals have not provided proof of income. There are 140,000 appeals waiting. Butler could not provide the Subcommittee with a total liability of unpaid claims - it would depend on an individual’s income.
• Department of Insurance — Commissioner John King outlined some of the efforts of his Department, acknowledging the funding received in the FY 2020 budget for IT assistance. This funding has allowed wifi access and provided teleworking capability for the Department. They have been able to receive electronic payments and have been able to continue to perform HUD inspections as well as conduct safety fire inspections. He noted that in the Budget, there was a request for $194,000 for salary of the prior insurance commissioner and a request for $100,000 for nursing home inspections (which he anticipates to begin at the first of March). He fielded questions regarding elevator inspections; DOI is responsible for those but moved last year, with legislation, to conduct these one time per year.
• Georgia Access to Medical Cannabis Commission — Director Andrew Turnage reported that the Commission’s annual report was posted on the Commission’s website but that it is only in the first year of operation. On January 27, 2021, the Commission received approximately 70 applications for Class I and Class II licenses. The Commission is responsible for oversight of the growing, producing, extracting and manufacturing of Low THC oil. The oil will be available to individuals who are on the Department of Public Health’s registry. As it is a new state agency, there are some needs and recommendations. Part of their request is for funding for staffing. The next step is to issue licenses which are scheduled, if they keep pace, by the end of April 2021. There will be a total of six licenses awarded. Some of the legislative changes Turnage accented included 1) protection for product transportation; 2) structure in the request for proposal process (this is licensing which is confidential but is using a RFP process which is public and disclosed); 3) allowing funding to be returned in part to the Commission rather than the treasury to react more quickly; and 4) change it from a Commission to an Authority. It is likely, depending on industry applicants and commission, that product may be within nine months from license awards.

New Legislation

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

• HB 166, authored by Representative Ginny Ehrhart (R-Marietta), amends O.C.G.A. § 15-19-31 to require reasonable license fees to be collected by the State Bar of Georgia and remitted to the state's general fund. This bill was referred to the House Budget and Fiscal Affairs Committee.
• HB 171, authored by Representative Sam Park (D-Lawrenceville), amends O.C.G.A. § 48-7-29.1 to revise the income tax credit for qualified caregiving expenses and add a definition for "family caregiver" to the Code section. This bill was referred to the House Ways and Means Committee.
• HB 182, authored by Representative Marvin Lim (D-Norcross), amends O.C.G.A. § 50-7-90 to direct the Department of Economic Development to create an Entrepreneur Learner's Permit program to assist first-time entrepreneurs by waiving some of the state's requirements for the filing of a new business. This bill was referred to the House Economic Development and Tourism Committee.
• HB 195, authored by Representative Jasmine Clark (D- Lilburn) seeks to require in O.C.G.A. § 20-2-143 that any sex education and HIV/AIDS prevention instruction be medically accurate. This bill was referred to the House Education Committee.
• HB 197, authored by Representative Regina Lewis-Ward (D-McDonough), seeks to amend O.C.G.A. § 34-1-10 so as to change certain provisions related to the use of sick leave for the care of immediate family members. In current law, this applies to employers with 25 or more employees; her legislation seeks to make this apply to those employers with 18 or more employees. The Code section is proposed to be repealed on July 1, 2025 (now it is set to be repealed on July 1, 2023). This bill was referred to the House Industry and Labor Committee.
• HB 198, authored by Representative Philip Singleton (R-Sharpsburg), seeks to amend O.C.G.A. § 48-7-27(b)(10) to provide that deductions previously taken by a taxpayer for contributions to the Georgia Higher Education Savings Plan shall not be recaptured if a withdrawal from the savings trust account is made by an account owner in connection with the beneficiary successfully enlisting for active duty in any branch of the armed forces of the United States. This bill was referred to the House Ways and Means Committee.
• HB 199, authored by Representative Mike Wilensky (D-Dunwoody), amends O.C.G.A. § 40-14-18 to require the local governing body of the county or municipality whose law enforcement agency plans to enforce speed control devices in school zones to submit an application to the Department of Transportation. This bill was referred to the House Motor Vehicles Committee.
• HB 201, authored by Representative Stacy Evans (D-Atlanta), seeks to create the “Unlocking the Promise Whole Child Model Schools Act” in Chapter 2 of Title 20 to provide for a certification program created by the State Board of Education for whole child model schools which would include involvement of community partners and wrap around services. It would also create reports on implementation of progress. This bill was referred to the House Education Committee.
• HB 204, authored by Representative Sandra Scott (D-Rex), seeks to prohibit discrimination in housing in Titles 8, 10, 34 and 45 regardless of an individual’s race, color, religion, sex, sexual orientation, gender identity, age, disability, familial status, or national origin. This bill was referred to the House Judiciary Committee.
• HB 208, authored by Representative Mike Cheokas (R-Americus), amends O.C.G.A. § 1-4-24 to declare the second Wednesday of February as National Swearing-in Day for individuals joining the military from JROTC. This bill was referred to the House State Planning and Community Affairs Committee.
• HB 209, authored by Representative Donna McLeod (D-Lawrenceville) seeks to provide a Medicaid expansion program for individuals ages birth through age 64, using fee-for-service Medicaid benefits in O.C.G.A. § 49-4-200 et seq. This program proposes coverage for eligible persons with (1) incomes up to 150 percent of the federal poverty level; (2) Subsidies to pay for coverage under the program or through the exchange for uninsured eligible persons with incomes between 151 percent and 500 percent of the federal poverty level, in an amount up to 5 percent of such person's income; (3) A fee-for-service Medicare plan option, available for eligible persons in counties where there are less than three exchange plan options from which to choose; (4) Coverage for eligible persons who are eligible to buy coverage on the exchange; (5) Reimbursement to health care providers at 105 percent of the prevailing Medicare allowable rate for office visit codes 99201-99205 and 99211-99215; (6) An option for small businesses to allow eligible persons employed by the small business to buy coverage under the program; and (7) An option for eligible persons between and including the ages of 45 through 64 to buy into fee-for-service Medicare at premium rates consistent with such rates in his or her geographic area. This bill was referred to the House Health and Human Services Committee.
• HR 61, authored by Representative Kim Schofield (D-Atlanta), calls on the state to support any legislation that provides protections for essential workers. This resolution was read and adopted.
• HR 65, authored by Representative Katie Dempsey (R-Rome), recognizes and commends Together Georgia. This resolution was read and adopted.
• HR 70, authored by Representative Kim Schofield (D-Atlanta), supports a state goal of 100% clean energy by 2050. This resolution was referred to the House Natural Resources and Environment Committee.

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

• SB 50, authored by Senator “Doc” Rhett (D-Marietta), seeks in O.C.G.A. § 49-4-159.1 to provide for a program of premium assistance to enable eligible individuals to obtain health care coverage for individuals who are ages are between 19-65, with incomes which are equal or up to 138 percent of the FPL, are United States citizens or documented qualified aliens, and has not been determined to be eligible for other public assistance programs to provide for their needs. It contains requirements for personal responsibility premiums from eligible individuals and seeks to provide for a compliance pool. It further requires that the Department of Community Health provide for any necessary state plan amendments or federal waivers. The legislation also seeks to impose a Legislative Oversight Committee for Health Care Premium Assistance. This bill was referred to the Senate Health and Human Services Committee.
• SB 51, authored by Senator Bruce Thompson (R-White), seeks to create the “Dexter Mosley Act'' in O.C.G.A. § 20-2-319.6. It proposes that a home study student shall be eligible to participate in extracurricular activities and interscholastic activities under the sponsorship, direction, and control of the resident school or resident school system, provided that several requirements are met. This bill was referred to the Senate Education and Youth Committee.
• SB 52, authored by Senator Bruce Thompson (R-White), amends O.C.G.A. § 10-1-920 et seq. to address cybersecurity tort claims. The bill provides a legal safe harbor defense that may be pled in a cause of action for a tort that relates to failure to implement reasonable cybersecurity policies, resulting in a data breach of private information. To be eligible for this defense, the covered entity must have implemented a cybersecurity system that adheres to the minimum standards outlined in the bill. This bill was referred to the Senate Science and Technology Committee.
• SB 54, authored by Senator Ed Harbison (D-Columbus), seeks to provide judicial discretion in O.C.G.A. § 19-9-2 in determining the right of a surviving parent to custody of a child when such surviving parent is criminally charged with the murder or voluntary manslaughter of the other parent. This bill was referred to the Senate Judiciary Committee.
• SB 55, authored by Senator Gloria Butler (D-Stone Mountain), seeks to create the “Georgia Family Medical Leave Act” in O.C.G.A. § 34-8A-1 et seq. creation of a program to compensate in part for the wage loss sustained by any individual who is unable to work due to such individual's own sickness or injury, the sickness or injury of a family member, or the birth, adoption, or foster care placement of a new child. This payment would be up to six weeks. It further proposes to provide for the payment of temporary family medical leave insurance benefits (including the eligibility and disqualifications for the benefits) and for the amount and duration of such benefits. It also would create the “Family Medical Leave Fund.” A companion Resolution, SR 42, is the Constitutional Amendment authorizing the revenues be deposited into the Fund in Article III, Section IX, at Paragraph VI. This bill was referred to the Senate Insurance and Labor Committee.
• SB 56, authored by Senator Sheikh Rahman (D-Lawrenceville), seeks to require in O.C.G.A. § 28-5-41 require an economic analysis prior to the introduction or amendment of legislation containing tax incentives or modifying or extending existing tax incentives. This bill was referred to the Senate Finance Committee.
• SB 57, authored by Senator Jen Jordan (D-Atlanta), seeks to provide in O.C.G.A. § 28-5-41 for economic analyses to be conducted by the state auditor for certain tax benefits upon request by the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee. It would be a “good faith estimate” on an annual basis for five years for a law or proposed law (including in this would be net change in state revenue, net change in state expenditures, net change in economic activity and net change in public benefit (if any). This bill was referred to the Senate Finance Committee.
• SB 58, authored by Senator Elena Parent (D-Atlanta), seeks to add a new Code section at O.C.G.A. § 48-7-29.23 a refundable earned income tax credit. This credit would be up to 10 percent of the allowed federal credit permitted under Section 32 of the Internal Revenue Code. This bill was referred to the Senate Finance Committee.
• SR 37, authored by Senator Greg Dolezal (R-Cumming), proposes a constitutional amendment to alter terms of elected officials. The amendment would increase Senate terms to four years with no more than three consecutive terms. House members would be limited to six consecutive terms. The Lt. Governor would be limited to two consecutive terms. This resolution was referred to the Senate Government Oversight Committee.
• SR 42, authored by Senator Gloria Butler (D-Stone Mountain), proposes a constitutional amendment to create the Family Medical Leave Fund. The fund would exist as a trust fund to be paid to individuals that take leave from work due to illness of themselves or a family member. This resolution was referred to the Senate Insurance and Labor Committee.