Gold Dome Report - March 2018 #13

The halls remain active as evening sets in over the State Capitol and the House and Senate continue to act on a flurry of agrees, disagrees, and other matters on their respective floors. Although many weighty issues remain to be dealt with before the clock strikes midnight, including broadband and transportation, legislators have already dispensed with a number of important issues. Notably, both chambers have now agreed to the compromise version of the FY 2019 budget, which now goes to Governor Deal for final approval. Details on other major propositions, as well as a look ahead at the study committees that will convene after adjournment, inside today’s Report.

Legislators are expected to work late into the evening before adjourning sine die, and our team will be here monitoring the floors. Follow all the late-developing action on Twitter using the hashtag #GoldDomeReport, and be on the lookout for a session wrap-up that will be available in the coming days.

In this Report:

• Updates on Notable Legislation
• Upcoming Study Committees

Updates on Notable Legislation

In addition to agreeing to the FY 2019 budget, which now goes to Governor Deal for signature, the House and Senate took action on the following notable bills earlier today:

• HB 605, authored by Rep. Jason Spencer (R-Woodbine), is the “Hidden Predator Act of 2018.” The bill amends Article 2 of Chapter 3 of Title 9 of the O.C.G.A. to change provisions relating to the revival of certain claims involving childhood sexual abuse. For prospective claims, the bill as it passed out of Committee increases the age by which a victim has to file suit from 23 to 30 years of age. For retrospective claims (for acts before July 1, 2018), suit must be brought within 12 years of the alleged act and, if concealed, within one year of discovery of the concealment. This replaces the one-year “lookback” window in the House version of the bill, which opened the courthouse doors for all claims, no matter the age, for one year beginning July 1, 2018. The Committee Substitute also requires that a person filing suit also file an expert affidavit opining that the alleged acts were indeed abusive, mirroring Georgia law for medical malpractice claims. The Senate approved the bill with an amendment (which is still under analysis) by a 51 to 0 vote. It must now return to the House for further consideration prior to adjournment.
• HB 740, authored by Rep. Randy Nix (R-LaGrange), bars the expulsion or suspension for five or more days of a student in preschool through third grade before that student receives a multi-tiered system of supports, such as Response to Intervention. If a student has an IEP or Section 504 plan, the bill also requires a school also convene an IEP or Section 504 meeting to review appropriate supports being provided as part of such plan prior to expulsion or suspension for five or more days. The House agreed to the Senate version of the bill, constituting final legislative approval. The bill goes to Governor Deal for signature.
• HB 853, authored by Rep. Katie Dempsey (R-Rome), clarifies that, under Georgia law, a public school student placed in a psychiatric residential treatment facility pursuant to a doctor’s order is eligible to receive state educational funding for education received in the facility. The law already clearly allows for this funding for students placed by state agencies in these facilities. The bill considered by the Senate also requires that PTRFs and their local education agencies have an up-to-date memorandum of understanding governing their relationship, including providing for this funding. The Senate approved the substitute bill by a 48 to 0 vote. It must now return to the House for further consideration prior to adjournment.
• HB 972, authored by Rep. Wendell Willard (R-Sandy Springs), is the legislation known as CB21 that allows youth aging out of foster care to remain in care until age 21. The legislation will allow DFCS to draw down federal funds for this program. The bill was amended in the Senate to include language from another bill requiring DFCS to provide foster and adoptive parents certain information regarding the child they are fostering or adopting. The Senate approved the substitute bill by a 54 to 0 vote. It must now return to the House for further consideration prior to adjournment.

Upcoming Study Committees

Over the next few months, in addition to campaigning for offices, legislators will take on the task of looking at a host of issues and concerns potentially impacting Georgia and its citizens.  Below is the full list of the study committees adopted by the Senate in a Consent Calendar on Legislative Day 39.  In each of these, any “reports” which are generated with findings are to be filed with the Secretary of the Senate and all of the Studies are to be abolished on December 1, 2018. The following Study Committees will delve further into these matters, some of which are not without controversy:

• SR 467 – Sen. Renee Unterman (R-Buford) authored this Study Committee which was adopted in the form of a Rules Committee Substitute so as to create the Senate Study Committee on Service Animals for Physically or Mentally Impaired Persons (looking at performing tasks and accomplishing major life activities (ambulating, seeing, hearing, learning, working and interacting with others).  Part of this is driven by individuals who take their pets to public accommodations, claiming that such animal is a “service animal” when the pet is actually a “fake service animal.”  This Study Committee will delve into whether a certification process is necessary.  Five members of the Senate will make up this Study Committee.
• SR 484 – Sen. Ed Harbison (D-Columbus) authored this Resolution which creates a Senate Study Committee on Creating a Lottery Game to Benefit Veterans.  Such game is envisioned to possibly help veterans with the costs associated with dealing with post-traumatic stress disorder, homelessness, healthcare costs, education and training, and etc.  This Study will be conducted by five Senators. 
• SR 489 – Sen. William T. Ligon, Jr. (R-Brunswick) authored this Resolution which will create the Senate Study Committee on Prescribing Patterns for Antidepressants and Other Psychotropic Medications. This Study will look at both children and adults and will be conducted by three members of the Senate.  Four additional non-legislative members are also added to this Committee (a Georgia board licensed practicing psychiatrist; a Georgia board licensed practicing psychologist; a representative from a mental health advocacy group; and one registered pharmacist). 
• SR 503 – Sen. Lester Jackson (D-Savannah) authored this Resolution which creates the Senate African American History and Culture Study Committee.  It will look at the contributions and cultural influences from African Americans prevalent in our society and ways to collect, preserve, document and exhibit those which are rooted in Georgia.   Five members of the Senate will conduct this Study. 
• SR 506 – Sen. Mike Dugan (R-Carrollton) authored this Resolution which creates the Senate Study Committee on the Excessive and Duplicative Regulatory Oversight of Community Based Intellectual and Developmental Disability Services.  This Study will look, in part, at the waiting list of more than 8,000 Georgians waiting for service programs and providers’ costly administrative audits, compliance reviews, service monitoring, quality assessments, and certifications.  This Study will be conducted by three Senators as well as two non-legislative members who are providers of intellectual disability services.
• SR 761 – Sen. Fran Millar (R-Atlanta) authored this Resolution which creates the Senate Study Committee on Dyslexia, a learning disability which is neurological in origin and impacts one in five individuals.  The Study will look at early remediation with evidence-based intervention and the impacts of dyslexia on education.  The Study Committee will be composed of three Senate members and two other appointees by the Lt. Governor (an employee of the Department of Education and a medical doctor with the specialty in dyslexia). 
• SR 832 – Sen. Jeff Mullis (R-Chickamauga) authored this Resolution creating the Senate Study Committee on Risks Associated with Kratom.  This plant-based drug is a relatively new drug but one which has been used in Southeast Asia as a painkiller and recreational drug for many years.  It has now been declared an opioid and this Study will look at the use and risks associated with this drug and whether Georgia needs to take any action to address its use.  This Study will be conducted by three Senators. 
• SR 882 – Sen. Burt Jones (R-Monroe) authored this Resolution which creates the Senate Hartsfield-Jackson Atlanta International Airport Operations and Authority Creation Study Committee.  It is to determine what federal laws and regulations must be complied with in order to accomplish a transfer of the airport to an authority and what financial obligations are to be considered in making such a decision.  This Committee is to be composed of 13 members of the Senate – five of those are from the minority party.
• SR 914 – Sen. Gail Davenport (D-Jonesboro) authored this Resolution which creates the Senate Emergency Pursuits by Law Enforcement Officers Study Committee.  It will look at the safety of the public and how to best address the need of law enforcement officers to conduct emergency pursuits.  This Study will be conducted by five members of the Senate.
• SR 935 – Sen. John Albers (R-Roswell) authored this Resolution which creates the Senate School Safety Study Committee.  It is to help curb incidents of violence schools and ensure that policies, plans, and procedures are in place to make effective responses.  This Study is to be conducted by eight members of the Senate.
• SR 977 – Sen. Nikema Williams (D-Atlanta) authored this Resolution to create the Senate Study Committee on Historically Black Colleges and Universities.  Georgia is home to ten such colleges and universities (Albany State University, Clark-Atlanta University, Fort Valley State University, Interdenominational Theological Center, Morehouse College, Morehouse School of Medicine, Morris Brown College, Paine College, Savannah State University, and Spelman College).  In part, this Study will look at the necessity, economic impact and unique contributions which these colleges and universities make as well as look at student outcomes, academic research, etc.  The Study Committee will be composed of six members of the Senate with three of those from the minority caucus.
• SR 995 – Sen. Brandon Beach (R-Alpharetta) authored this Resolution which creates the Senate Study Committee on Combat Sports.  This effort will look at mixed martial arts and unarmed combat sports which are the fastest growing sports in the world. The Study will look at whether there are legislative changes needed in order to focus on the safety of the sport by addressing extreme weight cutting and other issues; look at the economic impact of the sports to determine the impact on the State’s economy; and ways to ensure how Georgia can be competitive in hosting and supporting such sporting events.  The Committee will be composed of seven individuals with four of those from the Senate.  Additional members will include one member with the expertise in sports medicine; a member with regulatory expertise in athletic, unarmed combat sports; and a member from an industry organization or group with expertise in promotion and production of unarmed combat sports events. 
• SR 1019 – Sen. Frank Ginn (R-Danielsville) authored this Resolution which creates the Senate Advanced Communications Technologies and Use of State and Local Government Right of Way Policy Modernization Study Committee.  It will look at innovations in communications networks and new technologies (broadband, video, voice technologies, etc.) and look at Georgia laws, regulations, and policies to determine necessary changes to achieve modernization, fairness, and technology neutrality regarding access to the rights of way and the taxation of services.  The Study Committee will be composed of five members of the Senate and five additional members (a mayor, a county commissioner, and three individuals who represent views and expertise on communications deployment and taxation issues).
• SR 1049 – Sen. Donzella James (D-Atlanta) authored this Resolution which creates the Senate Cross Media Development Study Committee.  It, in part, will focus on how to position Georgia to be a hub for cross media development (used in production of films, games, animation and music).  This Study Committee will be conducted by seven members of the Senate. 
• SR 1063 – Sen. Ben Watson, MD (R-Savannah) authored this Resolution to create the Senate Study Committee on Certificate of Need Reform.  This Study Committee is to be appointed by the Lt. Governor and will be made up of 13 individuals – five members of the Senate (three of whom are to be healthcare professionals and two members are to be appointed from the minority party); a citizen who is a representative serving in an executive role in a nonprofit health system; a citizen representative who serves in an executive role in a for-profit health system; a citizen representative who serves in an executive role in a rural hospital; a citizen representative who practices medicine as a full-time employee of a health system; a citizen representative who practices medicine as an independent physician; a citizen representative who has expertise in healthcare costs and works in the insurance industry; and two consumer representatives.
• SR 1064 – Sen. Freddie Powell Sims (D-Dawson) authored this Resolution which creates the Senate Study Committee on Continual Audit Exceptions on Local School Systems.  This Study is to look further at the audits done by the Department of Audits and Accounts on local school systems and determine if other punitive or corrective measures are warranted to obtain compliance by local school systems with continual citations (including withholding of State funds and removal of board of education members).  This Study is to be conducted by five members of the Senate.

The House has also adopted a numbers of study committees this session that will consider issues over the next few months, including:

• HR 913, authored by Rep. Paulette Rakestraw (R-Hiram), creates  the House Study Committee on Incorporating Law Enforcement in the Pathway to Treatment and Social Services for Persons Having Challenges with Drug Use and Mental Health. The committee is intended to study strategically widening community behavioral health and social service options available through law enforcement diversion.
• HR 1160, authored by Rep. Dewayne Hill (R-Ringgold), creates the House Study Committee on Risks Associated with Kratom.
• HR 1162, authored by Rep. Brooks Coleman (R-Duluth), creates the House Study Committee on the Establishment of a State Accreditation Process.
• HR 1257, authored by Rep. Jesse Petrea (R-Savannah), creates the House Study Committee on the Workforce Shortage and Crisis in Home and Community Based Settings.
• HR 1260,  authored by Rep. Mandi Ballinger (R-Canton), creates the House Study Committee on Juvenile Court Judges. The Study Committee will be charged with reviewing compensation of juvenile court judges, their appointment, qualifications, and governance.
• HR 1317, authored by Rep. Andy Welch (R-McDonough), creates the House Study Committee on Reforming Real Property Taxation.
• HR 1374, authored by Rep. Brett Harrell (R-Snellville), creates the House Study Committee on Professional Licensing Boards Operations and Funding.
• HR 1398, authored by Rep. Matt Dollar (R-Marietta), creates the House Study Committee on Short-Term Rental Providers.
• HR 1414, authored by Rep. Rick Jasperse (R-Jasper), creates the House Study Committee on School Security.
• HR 1429, authored by Rep. Meagan Hanson (R-Brookhaven), creates the House Study Committee on County Governance.
• HR 1471, authored by Rep. Valencia Stovall (D-Forest Park), creates the House Study Committee on the Revitalization of the Atlanta State Farmers Market.
• HR 1473, authored by Rep. Tom McCall (R-Elberton), creates the House Study Committee on Industrial Hemp Production.