February 11, 2019
As legislators convened for Legislative Day 12 today, the General Assembly shifted into low gear, digging into a five-day week of legislation grinding through committee. Indeed, after relatively quiet mornings on the House and Senate floors, legislators and lobbyists alike ran from meeting to meeting as committee chairs fought to get the wheels of the legislative process turning and bills moving. But as legislation begins to progress through committees, none will be heard in either chamber tomorrow with the House and Senate Rules Committees each taking a pass on setting a Rules Calendar for Legislative Day 13. But, rest assured, there will be much happening under the Gold Dome tomorrow, and we will be here to report on the action. In the meantime, catch up with today’s happenings in the #GoldDomeReport.
In this Report:
House Passes Dense Breast Tissue Disclosure, Rural Broadband Bills
The House took up two propositions today. Rep. Sharon Cooper (R-Marietta) presented HB 62, known as “Margie’s Law.” The bill amends Title 31 to require that a healthcare facility conducting mammograms notify women with dense breast tissue that such tissue may make it difficult to detect cancer through a mammogram and that such women should discuss with their physician whether supplemental tests are warranted. Chairman Cooper noted that dense breast tissue in women is found to create breast cancer in women, and about 40-50 percent women may have such tissue. She also emphasized that men can also be at risk for breast cancer. Rep. Matt Gurtler (R-Tiger), spoke to the bill, arguing that this was a mandate on doctors. Chairman Cooper gave an impassioned plea to pass the legislation, and the House passed the measure by Committee Substitute with a vote of 166-1.
The House also took up HB 23, Rep. Penny Houston’s (R-Nashville) rural broadband bill. The bill amends Title 46 to permit electric membership corporations (EMCs) and their affiliates to deliver broadband services. The House’s consideration of HB 23 today marks the first of this session’s rural-focused legislative initiatives to make it to the floor. The House passed the bill by a 169-0 vote.
Committee Updates
Senate Education Committee
The Senate Education Committee, chaired by Sen. P.K. Martin IV (R-Lawrenceville), met to consider two propositions today:
Senate Public Safety Committee
The Senate Public Safety Committee, chaired by Sen. John Albers (R-Roswell), met today to consider SB 8 which creates an Atlanta United specialty license plate. Sen. P.K. Martin (R-Lawrenceville) spoke for the bill. He explained that Atlanta United is the only major Georgia sports team that does not currently have a license plate. Sen Mike Dugan (R-Carrollton) moved the bill DO PASS. The bill passed unanimously.
Next the committee held a HEARING ONLY on SB 15 which amends Title 20 to create a comprehensive school safety plan for Georgia schools. The bill requires all Georgia schools (both public and private) to perform a biennial threat assessment. SB 15 increases the scope of school threat assessments and safety plans to include functions during non-instructional time along with the transportation of students to and from school facilities and functions. SB 15 also calls for improved information sharing between schools and homeland security entities, permitting these entities to curate individualized profiles of students. The bill provides for certain benefits for individuals designated as a “school safety coach” including homestead exemptions from all ad valorem taxes for school purposes. Chairman Albers noted that this bill is being worked on in real time, requiring the cooperation of a variety of departments. He also noted that the new committee substitute no longer contains language regarding public schools. The sub also increases the time between required threat assessments. Chairman Albers briefly touched on other aspects of the bill, including the school safety coach. He noted that new changes in the bill will be finalized in time for a hearing on Wednesday. The committee next heard from multiple agencies about the bill.
State School Superintendent Richard Woods spoke about the importance of student safety. Specifically he noted that this issue is very important to Governor Kemp. He expressed the Department of Education’s support for new language regarding the student data privacy protections in regards to the new information sharing system prescribed in the bill.
Mark Soborsky, The chief of police for the Fulton County Board of Education, noted that he believes the problem does not require a one-size-fits-all solution.
Sen. Valencia Seay (D-Riverdale) asked where the school safety coach fits in with school resource officers. Mr. Soborsky responded that it is still a matter under debate, whether each school will have a separate coach. Additionally he noted that this matter will be different depending on the school district. Chairman Albers explained that the specific details of the coach will vary based on the school system.
Sheriff Ron Freeman, the Sheriff of Forsyth County spoke about his county’s needs in regards to school safety. He noted that most school shootings occur because authorities miss warning signs, he noted the school crisis counselor pilot program in Forsyth County has shown success and increased popularity. Additionally he noted issues in the current juvenile justice system in his past dealings with school safety related incidents and arrests. He expressed his hope that the committee would address these concerns in its process.
Jane Robbins, representing Concerned Women for America (CWA), spoke about concerns with balancing safety with student privacy and rights. Her concerns specifically focused on language revolving around using data points about student records to produce an algorithm to find potential threats. She is concerned with the lack of a definition for “threat” in the current language. She further expressed concerns with the government flagging children as threats to physical safety for innocuous disciplinary incidents. She noted that the legislation cites the Family Educational Rights Privacy Act (FRPA) protections in regards to records, which she believes is not an effective measure to protect privacy. Sen. Tonya Anderson (D-Lithonia) inquired about ensuring that students are not profiled based on race, ethnicity, or religion in the algorithm. Mrs. Robbins stated that the algorithm should be limited to records of students whose behavior has already raised some concerns with the school.
Polly McKinney, advocacy director at VOICES for Georgia Children spoke about the mental health aspect of the issue. She noted that the lack of definition for “potential threat” is a concern of VOICES. She also expressed that VOICES hope that services will be provided for troubled children. On the topic of the school safety coach, she wishes that they be required to receive training on childhood development if they are to interact with school children on a daily basis.
Sen. Kay Kirkpatrick (R-Marietta) spoke to SB 6, which prevents unmanned aircraft (drones) from being used to deliver contraband in prisons or photograph the prison. She noted the FAA has no problems with this bill. Sen. Tyler Harper (R-Ocilla) clarified that the bill only applies to those that intentionally pilot drones over prisons, which Sen. Kirkpatrick confirmed. He also asked if she would be open to an amendment that would apply the language to the jail system in addition to the prison system. Sen. Kirkpatrick explained that the current language in the bill covers the jail system as well. Sen. Lee Anderson (R-Grovetown) asked if the bill should be applied to courthouses. Chairman Albers expressed concerns with this notion because of the proximity of courthouses to downtown areas. The Georgia Department of Corrections spoke in favor of the bill. The committee moved that SB 6 DO PASS.
Senate Health and Human Services Committee
The Senate Health and Human Services Committee, chaired by Sen. Ben Watson (R-Savannah), met today to hear an annual report from the Dennis Ashley from the Georgia Trauma System. Mr. Ashley gave a brief overview about trauma generally, including the role the Georgia Trauma System. He praised the Senate for its passage of SB 60 in 2007, which he says is the best trauma related legislation across the country. He also noted the Stop the Bleed program’s effective implementation in Georgia school systems.
Sen. Kay Kirkpatrick (R-Marietta) asked for more detail on the specific hospitals that have trauma centers. She also asked about the status of the trauma funds. Mr. Ashley explained that the trauma funds come from super speeder fines and usually receive a budgetary line item of around $15,000,000. Sen. Bill Cowsert (R-Athens) asked for a refresher on the different levels of trauma centers. Level 1 must perform research on trauma along with education and training of professionals and community members.
Chairman Watson indicated that the committee will be voting on bills in their next meeting.
Senate Appropriations Committee -- Human Development Subcommittee
The Human Development Subcommittee of the Senate Appropriations Committee, chaired by Sen. Renee Unterman (R-Buford), to hear from the five agencies under its jurisdiction about Amended FY 2019 budget changes. DPH, DCH, DHS and DFCS, Veterans Affairs and the Georgia Vocational Rehabilitation Agency spoke.
DPH presented its $72,000 increase for Georgia CORE and got no questions. The House cut $366,000 in state personnel to fund a new marketing program for the elderly about state services at the level of $350,000. Several senators asked Commissioner O’Neal whether he would like to have those the funds cut restored.
DHS and DFCS described the funding of the efforts to prepare for the Family First Act with existing funds rather than new funds proposed by the Governor. DFCS Director Tom Rawlings described the need to help residential providers prepare and also specified the difficulty of stepping down kids with serious mental health issues from the psychiatric residential treatment facilities to less intense residential programs. Some of this difficulty results in hoteling kids who cannot find placements promptly.
Deputy Commissioner Jeff Minor of DBHDD presented the increases for substituting state dollars for federal Medicaid funds to the state hospitals, new funding of APEX mental health services in schools, and continued funding of the ASO. The questioning was extensive but primarily requests for explanations of the programming. The Subcommittee is very interested in APEX and asked how many schools have been funded so far (421) and whether the additional $8.4 mm in the amended budget could be spent before July 1. Minor explained that the funds in amended budget could be spent over two years. The hospital substitution funds result from the ending of some upper payment limit Medicaid dollars for which the state mental hospitals no longer qualified. Minor also described positively the ASO functions of the crisis line, prior approvals, some claims payment and quality supervision and monitoring of core providers and crisis stabilization units. While he got many questions, the Senators appears to support the increases funding for all three programs.
Veterans Affairs and GVRA have no proposed increases other than the across-the-board raise for state employees. The committee members asked no questions of Veterans Affairs and only asked GVRA about funding veterans at out of state colleges with its scholarship funds.
House Education Committee -- Academic Support Subcommittee
The Academic Support Subcommittee of the House Education Committee, chaired by Rep. Wes Cantrell (R-Woodstock), met to consider two bills today:
House Judiciary-Non Civil Committee - Reeves Subcommittee
Chairman Bert Reeves (R-Marietta) hosted a Subcommittee meeting this afternoon to take up Rep. Ed Setzler’s (R-Acworth) bill, HB 43. HB 43 amends Title 16 relating to sexual assault by persons with supervisory or disciplinary authority over persons, including elementary or secondary students, correctional inmates, and probationers, and certain persons who provide healthcare or psychotherapy services. Specifically, the bill creates two degrees of such sexual assault committed by such persons (Georgia law currently only provides for one degree). Under the bill, a person would commit second degree sexual assault when he or she engages in "sexual contact" with a subordinate, while the person would commit the offense in the first degree when he or she engages in "sexually explicit conduct" with a subordinate, as defined in the bill. The legislation also provides for sentencing guidelines for first degree sexual assault which are escalated from that currently provided in law for such sexual assault (which the bill converts to second degree). Rep. Setzler described for the Subcommittee an instance in Cherokee County where this touching occurred with students who were 16 and 17 years of age. There were a number of questions raised about the use of the “agent” and “agency” in the legislation, and Rep. Setzler indicated that “agency” is fairly well addressed in the Code and case law. This legislation is a third-year attempt to address the issue and follows former Rep. Joyce Chandler’s (R-Grayson) attempt to pass such law. There was no vote taken at today’s hearing.
House Public Safety & Homeland Security -- Lumsden Subcommittee
The Lumsden Subcommittee of the House Public Safety & Homeland Security Committee, chaired by Rep. Eddie Lumsden (R-Armuchee), met to consider three propositions today:
Senate Public Safety Committee
The Senate Public Safety Committee, chaired by Sen. John Albers (R-Roswell), met today to consider SB 8 which creates an Atlanta United specialty license plate. Sen. P.K. Martin (R-Lawrenceville) spoke for the bill. He explained that Atlanta United is the only major Georgia sports team that does not currently have a license plate. Sen Mike Dugan (R-Carrollton) moved the bill DO PASS. The bill passed unanimously.
Next the committee held a HEARING ONLY on SB 15 which amends Title 20 to create a comprehensive school safety plan for Georgia schools. The bill requires all Georgia schools (both public and private) to perform a biennial threat assessment. SB 15 increases the scope of school threat assessments and safety plans to include functions during non-instructional time along with the transportation of students to and from school facilities and functions. SB 15 also calls for improved information sharing between schools and homeland security entities, permitting these entities to curate individualized profiles of students. The bill provides for certain benefits for individuals designated as a “school safety coach” including homestead exemptions from all ad valorem taxes for school purposes. Chairman Albers noted that this bill is being worked on in real time, requiring the cooperation of a variety of departments. He also noted that the new committee substitute no longer contains language regarding public schools. The sub also increases the time between required threat assessments. Chairman Albers briefly touched on other aspects of the bill, including the school safety coach. He noted that new changes in the bill will be finalized in time for a hearing on Wednesday. The committee next heard from multiple agencies about the bill.
State School Superintendent Richard Woods spoke about the importance of student safety. Specifically he noted that this issue is very important to Governor Kemp. He expressed the Department of Education’s support for new language regarding the student data privacy protections in regards to the new information sharing system prescribed in the bill.
Mark Soborsky, The chief of police for the Fulton County Board of Education, noted that he believes the problem does not require a one-size-fits-all solution.
Sen. Valencia Seay (D-Riverdale) asked where the school safety coach fits in with school resource officers. Mr. Soborsky responded that it is still a matter under debate, whether each school will have a separate coach. Additionally he noted that this matter will be different depending on the school district. Chairman Albers explained that the specific details of the coach will vary based on the school system.
Sheriff Ron Freeman, the Sheriff of Forsyth County spoke about his county’s needs in regards to school safety. He noted that most school shootings occur because authorities miss warning signs, he noted the school crisis counselor pilot program in Forsyth County has shown success and increased popularity. Additionally he noted issues in the current juvenile justice system in his past dealings with school safety related incidents and arrests. He expressed his hope that the committee would address these concerns in its process.
Jane Robbins, representing Concerned Women for America (CWA), spoke about concerns with balancing safety with student privacy and rights. Her concerns specifically focused on language revolving around using data points about student records to produce an algorithm to find potential threats. She is concerned with the lack of a definition for “threat” in the current language. She further expressed concerns with the government flagging children as threats to physical safety for innocuous disciplinary incidents. She noted that the legislation cites the Family Educational Rights Privacy Act (FRPA) protections in regards to records, which she believes is not an effective measure to protect privacy. Sen. Tonya Anderson (D-Lithonia) inquired about ensuring that students are not profiled based on race, ethnicity, or religion in the algorithm. Mrs. Robbins stated that the algorithm should be limited to records of students whose behavior has already raised some concerns with the school.
Polly McKinney, advocacy director at VOICES for Georgia Children spoke about the mental health aspect of the issue. She noted that the lack of definition for “potential threat” is a concern of VOICES. She also expressed that VOICES hope that services will be provided for troubled children. On the topic of the school safety coach, she wishes that they be required to receive training on childhood development if they are to interact with school children on a daily basis.
Sen. Kay Kirkpatrick (R-Marietta) spoke to SB 6, which prevents unmanned aircraft (drones) from being used to deliver contraband in prisons or photograph the prison. She noted the FAA has no problems with this bill. Sen. Tyler Harper (R-Ocilla) clarified that the bill only applies to those that intentionally pilot drones over prisons, which Sen. Kirkpatrick confirmed. He also asked if she would be open to an amendment that would apply the language to the jail system in addition to the prison system. Sen. Kirkpatrick explained that the current language in the bill covers the jail system as well. Sen. Lee Anderson (R-Grovetown) asked if the bill should be applied to courthouses. Chairman Albers expressed concerns with this notion because of the proximity of courthouses to downtown areas. The Georgia Department of Corrections spoke in favor of the bill. The committee moved that SB 6 DO PASS.
Senate Health and Human Services Committee
The Senate Health and Human Services Committee, chaired by Sen. Ben Watson (R-Savannah), met today to hear an annual report from the Dennis Ashley from the Georgia Trauma System. Mr. Ashley gave a brief overview about trauma generally, including the role the Georgia Trauma System. He praised the Senate for its passage of SB 60 in 2007, which he says is the best trauma related legislation across the country. He also noted the Stop the Bleed program’s effective implementation in Georgia school systems.
Sen. Kay Kirkpatrick (R-Marietta) asked for more detail on the specific hospitals that have trauma centers. She also asked about the status of the trauma funds. Mr. Ashley explained that the trauma funds come from super speeder fines and usually receive a budgetary line item of around $15,000,000. Sen. Bill Cowsert (R-Athens) asked for a refresher on the different levels of trauma centers. Level 1 must perform research on trauma along with education and training of professionals and community members.
Chairman Watson indicated that the committee will be voting on bills in their next meeting.
New Legislation
The following legislation of interest was introduced in the House today:
The following legislation of interest was introduced in the Senate today:
These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.