Georgia Bills 2017

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 bill’s 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