By Rep. Jason Spencer
Georgia Space Flight Act
Passes House Judiciary Subcommittee
On Thursday, January 27,
2017, the House Judiciary Civil Subcommittee passed House Bill 1, the Georgia
Space Flight Act, by a vote of 4-1 after the committee deliberated the merits
of the bill. During the deliberation, three unfriendly amendments looking
to weaken the bills effect were offered by opposition forces. However,
all three amendments failed to get a majority of votes to pass and the
substance of the bill remains intact. The bill now progresses forward in
the legislative process and moves to the full House Judiciary Committee for
consideration in another hearing.
Summary of the Georgia
Space Flight Act (GSA), House Bill 1: Creates an informed liability shield to
protect space flight entities against space flight participant injuries suffered
by willing space flight participants, so long as the required informed consent
procedure has been followed (mainly the written waiver). The GSA waiver space
flight participants must sign expressly includes that it is being signed by the
space flight participant on behalf of his or her heirs, executors,
administrators, successors and assignees.
The bill’s language
introduces an industry standard that is used in all other space friendly
states. This language will make Georgia competitive as a result of the
protections it provides to spaceflight operators as well as the manufacturers
or component suppliers who support spaceflight operations.
Georgia’s waiver
requires the participant to think it over for at least 24 hours before signing.
The GSA does not protect
against injuries suffered by the uninvolved public--non-consenting third
parties. The uninvolved public are allowed to sue under federal law and space
flight operators must have FAA insurance which such losses are covered up to $3
billion at the maximum probable loss, which is a requirement under federal law.
The GSA does not provide
liability protection for gross negligence or intentional harm.
The GSA does not force
people from their homes to accommodate any launch.
The bill defines space
flight participant to include individuals not only carried aboard spacecraft,
but also those who have taken steps toward being carried aboard, such as paying
a deposit or fee, if any, or by participating in a training or orientation
program.
The GSA specifically
states that its liability shield is in addition to any other limitations on
liability provided by Georgia or federal law.
Courts are instructed to
apply Georgia law for actions against space flight entities relating to space
flight activities.
Camden County Visits The
Capitol
The Camden County
Chamber of Commerce visited the state capitol this week to visit state leaders
and advocate for important issues related to education and economic
development. The members also attended the House Judiciary Subcommittee
to witness the subcommittee deliberate the merits of HB1, the Georgia Space
Flight Act.
House Passes Amended
Budget (HB 43) This week, the House passed our first piece of legislation of
the session: the Amended Fiscal Year 2017 budget (AFY 2017). The original 2017
fiscal year budget, which set state spending at $23.7 billion, was passed
during the 2016 legislative session.
Among the notable
provisions of the AFY 2017 budget are:
$25.1 million in funding
for a 20% pay raise for state law enforcement officers.
An additional $5 million
to the Governor’s Emergency fund (for a total of $15 million) for emergency
assistance for storm victims in South Georgia.
$50 million of
OneGeorgia grant fund dedicated to the Georgia Cyber Range in Augusta to
develop cybersecurity education, testing, and training programs.
Funding to increase
foster parent per diem rates by 57% starting April 1st
Funding to implement a
$1 per day increase for relative foster care providers effective April 1st
The Georgia Department
of Transportation will see an increase of over $118 million for transportation
projects.
An additional $2.4
million to create the Georgia Center for Early Language and Literacy to develop
literacy skills among children from birth to age 8 throughout the state.
An additional $16.8
million for increased enrollment in the Move On When Ready program our state’s
dual enrollment program.
$23.5 million in
one-time funding for public safety agencies to replace various vehicles that
have reached the end of their lifespans and cost more to fix than they are
worth.
Newly Introduced
Legislation
House Bills
HB 69, I have
co-sponsored this legislation by Rep. Paulette Rakestraw (R-Hiram). The
bill would amend O.C.G.A. § 48-7-40 to provide that beginning on September 1,
2019 and annually for five years thereafter, the Department of Community
Affairs (DCA) Commissioner shall issue a report to the Governor, President of
the Senate, and Speaker of the House, including a list of all counties and
their tier classifications, as well as the following information: A) The total
number of employers that claimed a credit under this code section, B) The
number of all credits earned and all credits applied during such tax year, and
C) An estimate of the number of jobs and overall economic impact produced by
this code section.
HB 70, I have
co-sponsored this legislation by Rep. Paulette Rakestraw (R-Hiram) that would
amend O.C.G.A. § 48-7-40 to provide that a county classified as a 'tier 4'
county shall be reclassified as 'tier 3' if at least 70 percent of the county's
workforce commutes outside the county for work. Additionally if 70 percent of a
county's workforce commutes outside the county for work, 'tier 3' counties
shall be reclassified as 'tier 2' counties and 'tier 2' counties shall be
reclassified as 'tier 1' counties.
HR 39, I have
co-sponsored this legislation by Rep. Paulette Rakestraw (R-Hiram) that would
create the House Study Committee on Enhancing Economic Development Through the
County Tier System. This study committee would be tasked with reviews of
"the strengths and weaknesses of the current county tier system to ensure
that Georgia taxpayers are receiving the best value for their investments and
that all counties receive an equitable distribution of funds."
HB 86, by Rep. Mary
Margaret Oliver (D-Decatur) would expand the definition of sexual abuse to
include acts involving trafficking a person for sexual servitude, by adding a
new subparagraph (J) to O.C.G.A. § 19-7-5 to include "any act described by
subsection (c) of O.C.G.A. § 16-5-46."
HB 114, by Rep. Robert
Dickey (R-Musella), would amend O.C.G.A. § 20-2-161.3 relating to the 'Move on
When Ready Act" by providing that no local school system receiving State
funding shall exclude eligible high school students who take dual-credit
courses from eligibility determinations for valedictorian and salutatorian
determinations.
HB 118, Rep. Trey Kelley
(R-Cedartown), would amend Chapter 1 of Title 10, relating to selling and
trading practices, by adding a new Article 35. Officially titled the Fantasy
Contests Act, the legislation provides that fantasy contest operators must
register with the Secretary of State and pay an annual fee before offering
fantasy contests in this state. A fantasy contest is defined in the bill as a
game or contest for which the value of all prizes and awards is fixed and where
winning outcomes in based on individual, rather than group, performance.
Finally, the bill lists a number of procedures a fantasy contest operator must
implement in O.C.G.A § 10-1-933.
HB 124, Rep. David Clark
(R-Buford), would revise Title 16 and Title 49 relating to fraud and public assistance
by replacing the term food stamps with food instrument, defined in the bill as
a voucher, check, EBT card, or coupon used to obtain public assistance.
HB 151, by Rep. Keisha
Waites (D-Atlanta), proposes to prohibit the use of restraints on pregnant
inmates in O.C.G.A. § 42-1-11.3 when that inmate is experiencing labor or
during delivery unless that there is a reasonable basis to believe that use of
such restraints is necessary to prevent the inmate from injuring herself or
others.
HB 152, by Rep. Micah
Gravley (R-Douglasville), seeks to address Georgia's workers' compensation laws
relating to compensation for occupational disease in O.C.G.A. § 34-9-280 (this
follows the pursuit of similar legislation in 2016). It proposes to
include certain ordinary diseases of life attributable to the performance of
the usual work of an employee within the meaning of occupational disease so
that firefighters (as defined in O.C.G.A. § 25-4-2), who are diagnosed with the
disease of cancer (otherwise an ordinary disease of life), is shown by a
preponderance of the competent and credible evidence, including medical
evidence, to have been attributable to the firefighter's performance of his or
her duties as a firefighter.
HB 154, by Rep. Sharon
Cooper (R-Marietta), authorizes licensed dental hygienists to perform certain
functions under general supervision of dentists in certain settings in O.C.G.A.
§ 43-11-74. Bill would allow dental hygienists to perform dental care in areas
that are medically underserved where dentists are not readily available.
HB 158, by Rep. Ron
Stephens (R-Savannah), is to be known as the Destination Resort Act" or
the "Resort Act" (aka, Casino Gambling Bill) to legalize gambling.
It addresses the creation, membership, appointment and duties of a
five-member Georgia Gaming Commission in Chapter 39 of Title 50. It would
require this Commission to set up a Destination Resort Trust Fund to deposit
all excise taxes, fees and other revenue received by the Commission and which
would be used to fund the operations of the Commission and to fund
investigations, regulation of limited gaming, and enforcement of this new
Chapter. It grants this Commission the ability to award two destination
resort licenses pursuant to O.C.G.A. § 50-39-14 in O.C.G.A. § 50-39-8(c).
There are requirements for these 'resorts' to be licensed and how they
are awarded in O.C.G.A. § 50-39-14 for instance one license shall be for an
entity to operate in a county with a population in excess of 900,000 according
to the most recent United States census and that applicant is required to
demonstrate at least $2 billion investment into this destination resort and
have a minimum of 1,000 guest rooms and the other license for operation is to
be in an area of at least 250,000 population and not more than 900,000
population and that applicant is to have at least a $450 million investment.
Applicants are required too to demonstrate a plan for the destination
resort to have over 60 percent of revenue derived from non-gaming sources.
There is a permission for "limited gaming" to be permitted by a
destination resort licensee under certain conditions as enumerated in O.C.G.A.
§ 50-39-20. Limited gaming facilities, though, may operate 24 hours per
day of every year. In O.C.G.A. § 50-39-27, it requires that this
Commission file quarterly reports with the Governor, Lt. Governor, and Speaker
of the House of Representatives outlining the prior fiscal quarter information.
If this legislation is passed, it will become effective on January 1,
2019 provided that the citizens approve gambling in a constitutional amendment
in the November 2018 general election.
HB 163, by Rep. Betty
Price (R-Roswell), seeks to limit the use of wireless telecommunications
devices while operating a motor vehicle when the driver of that vehicle is 18
years of age (O.C.G.A. § 40-6-241.2) or when the driver is operating a school
bus (O.C.G.A. § 40-6-165(e)).
Senate Bills
SB 4, by Sen. Renee
Unterman (R-Buford), creates the Georgia Mental Health Treatment Task Force for
the purpose of assessing the current mental health landscape in Georgia and
determining how it can be improved. A few key goals of the task force include
determining what changes can be made to the State's Medicaid program to
increase its ability to provide care and developing a complete application for
a Section 1115 Medicaid waiver targeted at mental illness and substance abuse
disorders. The task force will be composed of three members from the House of
Representatives, three members of the Senate, and nine members appointed by the
Governor, including the commissioners of relevant agencies such as behavioral
health and developmental disabilities, public health, and human services. The
task force will be abolished on January 1, 2018.
SB 40, by Sen. Renee
Unterman (R-Buford) would amend O.C.G.A. § 37-3-42 to provide that emergency
medical services personnel, which includes medical technicians, cardiac
technicians, paramedics, or first responders may transport any person within
the county directly to an emergency receiving facility if: 1) Such personnel
have been dispatched in response to an emergency, 2) Such personnel have
probable cause for believing that the person is mentally ill and requires
involuntary treatment, and 3) Such personnel have consulted with the emergency
receiving facility physician and it is such physician's opinion that it is in
the best interest of the person and the public to have such person transported
immediately to the facility. The services personnel shall provide a written
report detailing the circumstances under which the patient was transported,
which shall be included as part of the patient's clinical record.
SB 50, by Sen. Hunter
Hill (R-Atlanta), amends Chapter 7 of Title 33, relating to insurance, by
adding a new Code section (O.C.G.A. § 33-7-2.1) that deems that an agreement
between a physician and a patient in which the physician provides services for
a fixed fee and period of time (direct primary care agreement) is not subject
to the insurance laws of this state. The agreement must in writing, signed by
both parties, allow for 30-day written notice for termination, define the scope
of the services, and specify the duration and fee for the services. Physicians
are not obligated to enter into a direct primary care agreement with a patient
and can discontinue care under the agreement if a patient fails to pay the fee,
commits fraud or abuse, or repeatedly fails to adhere to the treatment plan.
SR 68, by Sen. Jeff
Mullis (R-Chickamauga) honors President Donald Trump on becoming the 45th President
of the United States.
Source: Email from Rep.
Jason Spencer
Comments
If some of these Bills look
like they will have “unintended consequences, they probably will. The effort to
qualify Georgia as a “space flight state” assumes that there is a demand; I
wonder if there really is a demand. The
casino initiative is problematic because of “gambling addiction”. The mental
health initiative ignores the liability for charges by providers; it’s probably
the patient. So, if an EMT thinks you’re crazy, it will cost you money. There
is a need to identify crazy people, but it should not result in financial charges.
Tracking employees to determine who works outside the county where they live
and giving them a tax deduction is crazy. Limiting the use of cell phones for
drivers is predatory; exempting teenagers is laughable. Laws that protect
people from themselves is questionable. Calling food stamps food instruments is
confusing. The excess taxes collected should go to highways, roads and bridges
or water reservoirs.
Where are the Bills that
fix or repeal bad laws?
Norb Leahy, Dunwoody GA
Tea Party Leader
No comments:
Post a Comment