While the weather outside is merely drizzly, March came in like a lion through the halls of the State Capitol today. The Senate Appropriations Committee brought the building to life this morning by unveiling its take on the Amended FY20 Budget, followed quickly by substantial Rules Calendars in the House and Senate. While representatives considered legislation updating Georgia’ breast cancer awareness license plate, prohibiting sex traffickers from obtaining commercial driver licenses, and providing portability of out-of-state licensures for military spouses, the Senate took up bills allowing for criminal record restriction for sex trafficking victims, posing a referendum on Daylight Savings Time, and designating the pecan as the official state nut of Georgia (on Peanut Butter and Jelly Day at the Capitol, no less – and, yes, we know peanuts are legumes). Legislators did not stop there, filling the afternoon with committee meetings that left lawmakers sprinting around the Hill. No running necessary for you, though – all the details are in today’s #GoldDomeReport.

In today’s Report:

• Senate Appropriations Committee Passes Amended FY20 Budget
• House Floor Action
• Senate Floor Action
• Committee Reports
• New Legislation
• Rules Calendars for Legislative Day 23

Senate Appropriations Committee Passes Amended FY20 Budget

The Senate Appropriations Committee, chaired by Sen. Jack Hill (R-Reidsville), met early this morning to adopt its take on the Amended FY20 Budget. Chairman Hill noted that the Senate did not need a single day off from the legislative session to complete its work on the AFY20 spending plan, and the Committee agreed with the House on many of its revisions to the Governor’s original proposal. Notable departures from the House version of HB 792 include:

Juvenile Courts

• $130,000 reduction to reflect actual reimbursements for family treatment courts.

Department of Behavioral Health and Developmental Disabilities

• $500,000 restored to Adult Developmental Disabilities Services for assistive technology assessments and research.
• $130,000 restored to Substance Abuse Prevention for one-time funding for curriculum development.

Department of Community Health

• $23,149,388 transfer of State and Federal funds from ABD Medicaid to Indigent Care Trust Fund for the state match for Disproportionate Share Hospital (DSH) payments for private deemed and non-deemed hospitals.
• $5,384,878 reduction to ABD Medicaid for the hold harmless provision in Medicare Part B premiums.
• $250,000 restoration to the Board of Health Care Workforce for loan repayment awards for rural advanced practice registered nurses, dentists, physician assistants, and physicians.
• $92,000 restoration to the Board of Health Care Workforce for the Accelerated Track program at Memorial Health.

Department of Education

• $3,239,435 reduction to the QBE Local Five Mill Share to reflect corrected data for new state commission charter schools.
• $250,000 reduction to reflect the delay of a high school cyber security pilot program that will begin on July 1, 2020.
• $132,720 restoration to grants to RESAs.

Department of Human Services

• $400,000 reduction to House restoration of $500,000 to Child Welfare Services for the Multi-Agency Alliance for Children.
• $133,399 restoration to Child Welfare Services to restore three of six foster care support services positions proposed for elimination.
• $125,000 restoration to Child Welfare Services for foster parent recruitment, marketing, and outreach.

Department of Public Health

• $3,776,301 restoration to Public Health Formula Grants to Counties.
• $1,000,000 increase to reflect 2019 Super Speeder collections and reinstatement fees and to improve the trauma care network by raising the trauma center levels of two facilities in southeast Georgia.
• $197,792 restoration to Adolescent and Adult Health Promotion for Maternal and Child Health Services Block Grants funds to screen, refer, and treat maternal depression in rural and underserved areas of the state.
• $81,583 restoration to Infant and Child Essential Health Treatment Services for Children’s Medical Services.
• $55,000 restoration to Infant and Child Essential Health Treatment Services for contracts.
• $15,000 addition to Infant and Child Health Promotion to establish a working group to evaluate and make recommendations for the addition of Krabbe Disease as approved on February 21, 2020 by the Georgia Newborn Screening Advisory Committee.

The complete Senate tracking sheet for the Amended FY20 Budget can be found here. The Senate is expected to consider the proposal on the floor on Wednesday.

House Floor Action

The House considered a number of measures today, with many seeing unanimous support as they make their way over the first hurdle before Crossover Day:

• HB 906, by Representative Deborah Silcox (R-Atlanta), creates a new license plate design for the breast cancer license plate so that it will be a “pink ribbon” symbol on the tag.The legislation passed the House 157-0.
• HB 486, by Representative Dale Washburn (R-Macon), seeks to prohibit advertising by plumbing contractors unless those individuals are licensed in the state. This bill protects consumers and passed the House 158-6.
• HB 578, by Representative Katie Dempsey (R-Rome), seeks to address the review of criminal background checks and conviction data for individuals who are seeking to become volunteers, interns, students, or employees of the Department of Human Services and Division of Family and Children’s Services and those agencies contractors in Title 49. The language is at the request of the Federal Bureau of Investigation and Chairman Dempsey asked that no changes be brought to the bill. It passed the House 166-0.
• HB 816, by Representative Karen Mathiak (R-Griffin), seeks to permit chiropractors and physicians the ability to form professional corporations. Currently, they are limited to forming Limited Liability Companies with one another. This bill passed 161-5.
• HB 823, by Representative Houston Gaines (R-Athens), seeks to prohibit individuals who have been convicted of trafficking of other individuals for sexual servitude or labor from having a commercial driver’s license. This bill is a part of the package of bills which First Lady Kemp has been working on in an effort to lessen human trafficking in the state. This legislation brings Georgia in line with the federal rule.This bill passed 166-0.
• HB 861, by Representative Marcus Wiedower (R- Watkinsville), seeks to address commercial carriers, amending definitions in Chapter 1 of Title 40. This bill also received a greenlight vote from the House with a pass of 163-2.
• HB 914, by Representative Heath Clark (R-Warner Robins), seeks to provide for licensure of endorsement for individuals who are military spouses licensed in other states when they move to Georgia. Representative Clark indicated that spouses of military personnel have a 16 percent unemployment rate and 44 percent of these families live paycheck to paycheck. There are requirements for the individual to receive this licensure by endorsement – such as they must be in good standing in their home state of licensure and they must have training, experience, and testing which are substantially similar in qualifications and scope to the requirements of Georgia. Representative Al Williams (D-Midway) spoke in favor of this legislation as he introduced the idea four years ago. This bill passed 165-0.
• HB 968, by Representative Chuck Estradiol (R-Dacula), seeks to address deficiencies in O.C.G.A. § 9-3-51 connection with improvements to realty and is a result of a Court of Appeals decision addressing express warranties. Presently, the statute of repose states that such warranties are limited to eight years. This legislation lifts such, stating that the statute of repose will not apply to warranty contracts. It was described as a bill to help consumers and that Clark Howard had asked the General Assembly to fix the problem. This bill passed 165-0.
• HB 972, by Representative Penny Houston (R-Nashville), seeks to address fines to be imposed for pipeline violations by the Public Service Commission. The legislation brings Georgia’s fines in line with those which the federal government would impose for violations of this nature. Over the last two years, Georgia has left federal funding “on the table” as its fines have not been in line with those imposed by the federal government. This bill passed 164-0.
• HB 1003, by Representative Jon Burns (R-Newington), seeks to add a judge of superior court in the Ogeechee Judicial Circuit. Leader Burns indicated that the judges in that circuit are doing the work of 1.5 times those judges in other circuits. There have been no new judges added in this circuit since 1995. The bill passed 163-0.

Senate Floor Action

The Senate also had ample floor action, stretching into the early afternoon. In the end, the chamber gave final approval to bills ranging from anointing the pecan as the official state nut to updates to the state’s civil procedure which some billed as “tort reform light.”

• Sen. John Kennedy (R-Macon) presented SB 271, which would rename law assistants to law clerks and staff attorneys in Code. This measure passed 51-0.
• Sen. Blake Tillery (R-Videlia) presented SB 301 which allows sheriffs to request an inmate remain in custody if that inmate has been charged with a crime while in state prison and denied bond. This bill was approved by the Senate 52-0.
• Sen. Ben Watson (R-Savannah) then presented SB 351 which would call for a nonbinding referendum to gauge the public’s interest in altering Georgia’s approach to daylight savings time. This bill passed 53-0.
• Sen. John Kennedy (R-Macon) presented SB 373 which revises the standards of conduct and duties for officers of nonprofits, EMCs, and foreign electric cooperatives. After approval of a friendly amendment, the bill passed 53-0.
• Sen. Kennedy remained in the well to present SB 374 which provides new requirements for settlement offers and tort claims. The lawyer-legislators in the chamber took the opportunity to fully vet the measure with debate coming close to an hour; including votes on a number of amendments. Ultimately, the bill cleared the chamber by a vote of 35-19.
• SB 393 was presented by Sen. Brian Strickland (R-McDonough) who explained that the bill would create the Legal Division within the GBI and authorize attorneys within this division to serve as special attorneys. This bill passed by a vote of 35-19.
• Sen. Larry Walker (R-Perry) presented SB 396 to designate the pecan as the official state nut. Sen. Walker noted that he was excited to bring a measure to the chamber that was not a “lawyer bill.” After minimal, but jovial, debate, the bill passed 54-1.
• To conclude the day’s session, Sen. Brian Strickland presented SB 435 which allows for record restrictions for individuals convicted of crimes as a result of their victimhood in human trafficking. This bill passed the Senate 55-0.

Committee Reports

Senate Education & Youth Committee

The Senate Education & Youth Committee, chaired by Sen. P.K. Martin (R-Lawrenceville), met to consider several propositions today:

• SB 102, authored by Sen. Emanuel Jones (D-Decatur), is the "Unlocking the Promise Community Schools Act". The bill was presented as a substitute that directs the Department of Education to develop a Whole Child model school certification, which the Department is already developing. Sen. Greg Dolezal (R-Cumming) asked what additional responsibilities would be placed on local districts by the legislation, to which Sen. Jones stated that participation would be optional, so no new responsibilities are created. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• SB 430, authored by Sen. William Ligon (R-Brunswick), amends Title 20 to allow home study students and private school students to take courses at college and career academies. According to Sen. Ligon, the bill was requested by his local college and career academy. Sen. Elena Parent (D-Atlanta) inquired about the potential fiscal impact of the legislation, to which Sen. Ligon said it would be no different than if these students left their home study or private school programs and enrolled in public schools. Sen. Parent expressed concern about families electing for home study or private school to pick and choose public educational components. Sen. Lester Jackson (D-Savannah) asked if there would be an hour or credit limit for these students, to which Sen. Ligon said no. Sen. John Wilkinson (R-Toccoa) asked if any such students have actually requested to attend Sen. Ligon’s college and career academy, to which Sen. Ligon said he did not know. Sen. Wilkinson noted that he understood that academy attendance was at the discretion of the local school board and that local school boards could already allow these students to participate in courses. Sen. Lindsey Tippins (R-Marietta) noted that Georgia law does not seem to allow for partial enrollment in public schools, and this bill might have “ramifications” in this regard. He also expressed concern that these students be required to meet the same qualifications as other students attending the relevant college and career academy. Sen. Ellis Black (R-Valdosta) questioned whether the “one-sixth segment” funding mechanism in the bill would work given that many school districts have moved to block scheduling.

Angela Palm of the Georgia School Boards Association spoke on the bill and explained that there does not appear to be any impediment to a local school board allowing part-time enrollment of home study and private school students at college and career academies. She suggested that a resolution to let districts know they can already do this may be more in order than a directive piece of legislation. John Zauner of the Georgia School Superintendents Association echoed Ms. Palm’s comments.

The Committee held the bill for further discussion.

• SB 431, authored by Sen. John Wilkinson (R-Toccoa), amends Title 20 to define “on-time graduation rate” for purposes of educator performance evaluation. The bill defines such term as “the graduation rate of the four-year cohort of students that attend a school continuously from October 1 of the calendar year four years prior to the calendar year of the regular date of graduation of that cohort and graduate on or before that regular date of graduation.” The Committee recommended the resolution DO PASS and be sent to the Rules Committee.
• SR 810, authored by Sen. Jeff Mullis (R-Chickamauga), urges school districts to establish and maintain recycling programs. The Committee recommended the resolution DO PASS and be sent to the Rules Committee.

The Committee also heard SB 404 and SR 776, Sen. Greg Dolezal’s propositions that would allow for local school boards to impose development impact fees in fast-growth districts. The Committee took no action on the propositions today.

Senate Insurance and Labor Committee

Chairman Burt Jones (R-Jackson) and his Committee heard only SB 313 by Senator Dean Burke (R-Bainbridge) this afternoon. The bill seeks to amend current law regarding the licensure and regulation of pharmacy benefit managers. The committee considered a substitute version which had received a DO PASS recommendation from the subcommittee chaired by Senator Larry Walker (R-Perry). The substitute contains a number of changes including changes on the requirements that the Pharmacy Benefits Manager (“PBM”) be an actively practicing physician. It also changes the “audit” language in the legislation so that it is permissive for the Department of Insurance and PBMs rather than a mandate. It also addresses specialty pharmacies and uses the MAC pricing for those products. The new draft also removes the fiduciary language requirements previously in the legislation. Finally, it requires that federal law control. Pfizer had an industry expert testify about pricing trends and drugs’ pricing in the supply chain. He indicated that insulin (in particular Hemalog) has been a flashpoint with concessions, noting that the pricing shifted in 2014 to 2018 from $147 to $135 but that retail pricing went from $391 to $594. Patients, he noted, were paying based off of the retail price and not the negotiated drug prices; this practice is unlike other pricing in the other healthcare segments. He also discussed rebates as well as spread pricing. He did indicate that new research shows that rebates do have an impact on premiums, noting that they will cause premiums to increase. Senator P.K Martin, IV (R-Lawrenceville) discussed his amendments which he attempted to offer in the subcommittee; the committee did not address those this afternoon. Senator Martin noted in particular that the fiscal note which had been prepared for the bill did not account for administrative fees on drug pricing. Nevertheless, the bill received a DO PASS recommendation and moves to the Senate Rules Committee for its review.

Senate Finance Committee

The Senate Finance Committee, chaired by Sen. Chuck Hufstetler (R-Rome), met this afternoon to consider three measures.

• SB 329, authored by Sen. Randy Robertson (R-Cataula), would update state laws about title loans to reduce, in part, the allowable interest rates on these title loans. This bill received a recommendation DO PASS after Chairman Hufstetler cast a tie-breaking vote in favor of the bill.
• SB 410, authored by Sen. John Kennedy (R-Macon), would fix an issue where individuals who successfully challenge motor ad valorem assessments are unable to recoup attorney’s fees if the case is appealed by the county to the superior court. The bill received a recommendation DO PASS.
• SB 441, authored by Sen. Jeff Mullis (R-Chickamauga), updates the state’s music production tax credit and would allow for all expenditures of a qualified music production’s state certified production to be combined together to meet spending thresholds. The bill also incentivizes live tour origination through a rebate program. No action was taken on this bill in anticipation of a new substitute in the coming days. 

Senate Health and Human Services

The Senate Health and Human Services Committee, chaired by Sen. Ben Watson (R-Savannah), met late this afternoon to consider four measures.

• SB 391, authored by Sen. Kay Kirkpatrick (R-Marietta), allows for individuals evacuating from areas under a state of emergency or a hurricane warning to fill a prescription regardless of “refill to early” insurance standards. Sen. Kirkpatrick explained the bill originated from the Department of Insurance. The bill received a recommendation DO PASS.
• SB 420, authored by Sen. Emanuel Jones (D-Decatur), requires the Department of Agriculture to develop rules for the usage of restrooms in food sales establishments. Sen. Jones explained that this is an effort to make the public aware of the condition of restrooms, especially in service stations in the state. Sen. Larry Walker (R-Perry) asked why the Department of Agriculture is responsible for these rules and the resulting fiscal impact. Sen. Jones explained that this is because the Department already inspects these facilities and there is no fiscal impact because the inspections are already occurring. The bill received a recommendation DO PASS.
• SB 311, authored by Sen. Kay Kirkpatrick (R-Marietta), relates to patient brokering within the recovery housing industry. The recovery homes are not regulated because they do not provide services. The bill prohibits kickbacks and referrals in this industry and outlaws fraudulent marketing techniques designed to deceive individuals into expensive long term recovery facilities. Testimony from individuals that have experienced some of these practices and addiction counselors that work in Georgia helped inform the committee of personal stories and specific instances of the practices the bill outlaws. The committee recommended the bill DO PASS.
• SB 347, authored by Sen. Gloria Butler (D-Stone Mountain), requires hospitals to install surgical smoke evacuation equipment in all surgery rooms. The committee heard testimony from nurses who have suffered negative health effects due to their exposure to surgical smoke, which they explained has been added to lists of harmful substances. Opponents of the bills including the Georgia Hospital Association and Georgia Chamber noted that while they have committed to workforce safety and surgical smoke evacuation systems are present in many hospitals, the bill is essentially an unfunded mandate. Chairman Watson asked what would happen to a nurse if they reported an unsafe work environment as a result of this smoke. GHA explained that OSHA complaints are anonymous and the hospitals would not be able to see who filed the complaint. Chairman Watson explained that the committee would not take action on the bill today but would continue dialogue on the issue. 

New Legislation

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

• HB 1070, by Rep. Houston Gaines (R-Athens), seeks to impose changes in O.C.G.A. § 44-3-107(c) regarding condominium association requirements relating to disclosures for insurance policies in the event of potential claims or claims filed against such policies. The association or its designated agent is to provide to the owner within five days from receipt of a request a copy of the owner’s certificate of insurance for all such insurance which may apply to such potential claim or submitted claims. This bill was referred to the House Insurance Committee.
• HB 1073, by Rep. Sam Watson (R-Moultrie), seeks to create a new Code section at O.C.G.A.§ 36-63-5.2 so as to provide for the creation of local development authorities (regional development authorities composed of between three and five contiguous counties as long as one-half of the members of the governing body of each has completed a basic economic development training course) and provide for a job tax credit enhancement for such authorities (tax credits are for proposed for each new full-time position in O.C.G.A.§ 48-7-40 for the lowest tier participating county in the regional development authority). Counties are limited to only being a member of one regional development authority. It further proposes to require that the One Georgia Authority is to establish a grant program, subject to available funding, for primary care medical facilities. Regional development authorities may apply to the One Georgia Authority for such grants. This bill was referred to the House Governmental Affairs Committee.
• HB 1074, by Rep. Chuck Efstration (R-Dacula), seeks to create the “Georgia Loves Our Adolescents Act of 2020” in a new Code section at O.C.G.A. § 49-2-6.1. It proposes to require that the Department of Human Services on the second Monday in January of each year to the House Committee on Juvenile Justice and the Senate Education and Youth Committee a detail of the number of applicants for individuals to serve as foster parents received by the Division of Family and Children’s Services and the numbers of referrals of such applicants to private agencies in the preceding calendar year. This bill was referred to the House Juvenile Justice Committee.
• HB 1079, by Rep. Kim Schofield (D-Atlanta), seeks to replace submissions of the 1115 Medicaid waiver request to the federal government with a state plan amendment to authorize Medicaid expansion in O.C.G.A.§ 49-4-142.3. Such expansion by plan amendment is proposed to increase the income threshold of individuals to 138 percent of the federal poverty level. It also seeks to amend O.C.G.A. § 33-1-26(a) so as to make changes to a Section 1332 innovation waiver under the Patient Protection and Affordable Care Act. This bill was referred to the House Special Committee on Access to Quality Healthcare.
• HB 1080, by Rep. Debra Bazemore (D-Riverdale), seeks to amend O.C.G.A. § 40-2-86(m)(17), creating a specialty license plate to support the fight against cancer with the proceeds of the sales of such tags to be disbursed to the Georgia Center for Oncology Research and Education, Inc. This bill was referred to the House Motor Vehicles Committee.
• HB 1083, by Rep. Jesse Petrea (R-Savannah), seeks to amend Title 17 to require a peace officer to take certain actions upon verification that a suspect is an illegal alien. This bill was referred to the House Judiciary (Non-Civil) Committee.

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

• SB 462, by Sen. John Kennedy (R-Macon), seeks to transfer duties, powers and responsibilities and other authority relative to industrial loans from the Industrial Loan Commissioner to the Department of Banking and Finance and to change the names of such loans to “installment loans.” These proposed changes would impact Articles 1 and 2 of Chapter 3 of Title 7. This bill was referred to the Senate Banking and Financial Institutions Committee. 
• SB 463, by Sen. John Kennedy (R-Macon), seeks to make changes to Georgia’s election laws in Chapter 2 of Title 21. The bill requires that any precinct with over 2,000 registered voters which saw wait times of over an hour in the previous election must be reduced to no more than 2,000 voters. The bill also removes references to the state’s old voter machines. The bill makes changes to the state’s absentee ballot laws by allowing a voter to include a copy of their identification with the ballot to avoid the “exact match” provisions of the Code. This bill was referred to the Senate Ethics Committee.
• SB 465, authored by Sen. Sally Harrell (D-Dunwoody), amends Title 20 to require the State Board of Education to develop facility requirements for temporary classrooms. The bill also requires the Board to develop policies to ensure that all temporary classrooms can be converted to permanent classrooms within five years. This bill was referred to the Senate Education and Youth Committee.
• SB 466, authored by Sen. P.K. Martin (R-Lawrenceville), amends Title 20 to require the State Board of Education to develop a pilot program to create an alternative teacher evaluation system which contains supports, professional development, recognition and advancement opportunities for highly effective teachers. The pilot program must contain ten local school systems including a selection of urban, suburban, and rural districts. This bill was referred to the Senate Education and Youth Committee.

Rules Calendars for Legislative Day 23

The House is expected to take up the following measures on Tuesday for Legislative Day 23:

• HB 755 - Charter schools; local boards of education shall provide itemized allotment sheets for the upcoming fiscal year by July 1 of each year; provide (Substitute)(Ed-Belton-112th)
• HB 789 - Insurance; creation of a surprise bill rating system based upon the number of certain physician specialty groups contracted with a hospital within a health insurer's network; provide (Substitute)(SCQHC-Newton-123rd)
• HB 829 - Local school district tax; authorize assessment of residential homesteaded property owned by individuals of 65 years of age or older at 20 percent of its fair market value; provide for local referenda (Substitute) (W&M-Stephens-164th)
• HB 830 - Retirement and pensions; increase percentage of eligible large retirement system's assets that may be invested in alternative investments (Ret-Benton-31st)
• HB 888 - Surprise Billing Consumer Protection Act; enact (Substitute) (SCQHC-Hawkins-27th)
• HB 932 - Georgia Podiatry Practice Act; podiatric medicine and surgery; change certain provisions (Substitute)(H&HS-Gaines-117th)
• HB 957 - Education; certain charter school employees shall be included in the health insurance fund for public school teachers; provide (Substitute) (Ed-Jones-47th)
• HB 966 - Conservation and natural resources; regulate the harvest and sale of palmetto berries (Substitute)(A&CA-Burchett-176th)
• HR 962 - Local school district tax; authorize assessment of residential homesteaded property owned by individuals of certain ages at 20 percent of its fair market value; authorize General Assembly - CA (Substitute) (W&M-Stephens-164th)

The Senate is expected to take up the following measures on Tuesday for Legislative Day 23:

• SB 307 - "The Living Hope Home Act"; related to supportive housing for pregnant women age 18 or older; enact (H&HS-45th)
• SB 312 - Georgia Commission on African American History and Culture; create (Substitute) (UAff-2nd)
• SB 346 - State Board of Veterinary Medicine; membership; increase; registered veterinary technician member; authorize (AG&CA-8th)
• SB 367 - Effectiveness of Educational Programs; number of student assessments; reduce; when assessments must be administered; provide (ED&Y-9th)
• SB 394 - Attorney General; authority to investigate and prosecute certain crimes and offenses; provide (Substitute) (PUB SAF-56th)
• SB 402 - Bonds and Recognizances; conditions for unsecured judicial release on a person's own recognizance; provide (PUB SAF-29th)
• SR 645 - Georgia Building Authority; implementation of a workplace wellness program for the General Assembly and state agencies; urge (RULES53rd)