Nelson Mullins Riley & Scarborough llp



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Nelson Mullins Riley & Scarborough LLP

Memorandum




To:

Georgia Associations of Community Service Boards







From:










Date:

March 25, 2016







Re:

2016 Final Legislation Tracking



Bill

Sponsor

Committees

Status

HB28

(1) Mabra, Ronnie 63rd

HC:

Dec/29/2014 - House Prefiled

Rep. Ronnie Mabra (D-Fayetteville), would create O.C.G.A. § 43-34-46 to require medical patients who are prescribed Schedule II or III pain relief substances for 90 consecutive days or greater to participate in a counseling program meant to educate and advise concerning the risks of addiction to prescribed substances.  Officially called "Opioid Education and Pro-Active Addiction Counseling," the program would not cost more than $100.00 per session to the patient.  HB 28 would amend O.C.G.A. § 43-2-34.


HB39

(1) Waites, Keisha 60th

HC:

Jan/09/2015 - House Prefiled

Rep. Keisha Waites (D-Atlanta), would revise subsection (a) of O.C.G.A. § 20-2-690.1, expanding the requirements for compulsory attendance in elementary and secondary education.  Deemed the "Dropout Deterrent Act," this piece of legislation mandates that attendance in a public school, private school or home school program is required for children between the ages of five and seventeen (previously required for children between the ages of six and sixteen).  The "Dropout Deterrent Act" does not apply to students who have completed all requirements for a high school diploma.


HB219

(1) Jones, Jeff 167th

SC: Agriculture and Consumer Affairs

Mar/22/2016 - House Agreed Senate Amend or Sub

Rep. Jeff Jones (R-) would exempt pools that are part of a condominium association, townhome, or timeshare from certain regulatory requirements. It also authorizes inspection requests to the county board of health by residents or owners.



HB498

(1) Hawkins, Lee 27th

HC: Regulated Industries

Feb/24/2016 - House Committee Favorably Reported By Substitute

Rep. Lee Hawkins (R-Gainesville) proposes to amend O.C.G.A. § 43-10A-3, to revise the definition of 'Professional Counseling". The definition would now state that professional counselors utilize counseling and psychotherapy to 'diagnose' emotional and mental problems and conditions, in addition to evaluating, treating and recommending a course of treatment. The only change to this code section is the addition of the word 'diagnose' to line 12.


HB677

(1) Stephens, Ron 164th

HC: Judiciary Non-Civil

Mar/02/2016 - House Withdrawn, Recommitted

Rep. Ron Stephens (R-Savannah) proposes to amend Title 50, so as to provide for casino gaming in Georgia at a limited number of licensed resort facilities. Such facilities must be approved by public referendum in the counties in which they will locate. This legislation further provides for the establishment of the Georgia Lottery and Casino Gaming Commission, which would become the regulatory bodies for such facilities. It would provide for the Georgia Problem Gaming Fund. This legislation would require a constitutional amendment (HR 807) to provide for the authorization of casino gabling in Georgia.

HB684

(1) Martin, Chuck 49th

HC: Health & Human Services

Feb/17/2016 - House Committee Favorably Reported By Substitute

Rep. Chuck Martin (R-Alpharetta) amends O.C.G.A. § 43-11-74 concerning direct supervision requirements, scope of duties and exceptions to required supervision for dental screenings to be performed by dental hygienists. It eliminates the Board of Dentistry from delegating to dental hygienists the authority to administer local anesthesia. Further, it addresses the requirement of direct supervision and when it will not apply at approved dental facilities of the Department of Public Health, county boards of health, or the Department of Corrections – adding to that list at "approved safety net settings, including nonprofit clinics, health care facilities, long-term care facilities, and school based programs; or at other facilities or settings approved by the Board." It further adds that "A dental hygienist performing dental hygiene duties in a public health or safety net setting shall be deemed practicing as a registered dental hygienist licensed in this state. A registered dental hygienist performing dental hygiene duties in a public health or safety net setting may perform in such setting without the direct supervision of a dentist any procedure or service that is within the scope of practice of the dentist and that has been authorized and adopted by the board as a delegable procedure pursuant to subsection (a) of this Code section. A patient who receives dental hygiene services in a public health or safety net setting shall be encouraged to obtain a dental examination by a licensed dentist within 90 days of receiving such dental hygiene services." It further broadens the permission for dental screenings so that such are not limited or have health fairs approved by the Board of Dentistry.


HB701

(1) Casas, David 107th

HC: Education

Jan/12/2016 - House Second Readers

Rep. David Casas (R-Duluth), amends O.C.G.A. § 20-2-144(a) to require that each local board of education prescribe mandatory instruction concerning alcohol and other drug use such that each local board of education provide a minimum of 12 hours of alcohol and drug use prevention curricula every year in every grade from grade three through grade 12.  This instruction would be determined by the State Board of Education as it currently is done; also, now, Georgia requires such alcohol and drug use prevention instruction every year in every grade from kindergarten through the 12th grade so this law eliminates such instruction for early grades.


HB705

(1) Dempsey, Katie 13th

HC: Health & Human Services

Jan/12/2016 - House Second Readers

Rep. Katie Dempsey (R-Rome) would create a new Code Section at O.C.G.A. § 37-1-7 to require a mental health care provider (a physician or psychologist) who provides mental health treatment to a patient to provide such patient periodic opportunities for the patient to designate a family member or other individual he or she selects as a person with whom the provider may discuss the patient's medical condition and treatment plan.  This information would be captured on an information form or through electronic records.  The form would be provided: for inpatient, emergency room or residential care, such would be done upon admission or transfer to the facility and upon discharge (if the patient remains in the facility, the opportunity is to be repeated within 72 hours of admission and seven days after admission); and a patient in an ambulatory or outpatient care would be offered the opportunity upon admission or transfer to the practitioner or entity which provides the mental health treatment and upon discharge or transfer from that practitioner or entity (as long as the patient remains in the practitioner's or entity's care, the opportunity is to be repeated seven days after admission, 30 days after admission and then quarterly).  The legislation proposes the language for this designation and permits the mental healthcare provider to disclose information unless the authorization has been revoked or modified.  It also requires mental healthcare providers subject to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) to complete continuing education for licensure renewal about how the law applies to the disclosure of mental health information to family, friends, and other representatives of a patient and requires such continuing education to conform to the guidance established by the United States Department of Health and Human Services.


HB713

(1) Raffensperger, Brad 50th

HC: Juvenile Justice

Feb/24/2016 - House Committee Favorably Reported By Substitute

Rep. Brad Raffensperger (R-Johns Creek), would amend O.C.G.A. § 15-11-2 and Title 19 to provide that parental rights may be terminated when it is determined that a parent caused a child to be conceived as a result of rape, incest, or trafficking for sexual servitude.


HB721

(1) Waites, Keisha 60th

HC:

Dec/29/2015 - House Prefiled

Rep. Keisha Waites (D-Atlanta), would revise the provisions relating to the sale, use, or explosion of fireworks. It changes the times and locations in which fireworks may be used.  In O.C.G.A. § 25-10-1, it defines the phrase "used for residential purposes" to mean any lot or tract five acres or less in size on which is constructed a habitable dwelling unit". O.C.G.A. § 25-10-2 would be amended to prohibit the use of consumer fireworks within 50 feet of residential buildings and within any park, historical site, or recreational area operated by a governing authority, except pursuant to a special permit. It would remain lawful to use fireworks on residential property between the hours of 5:00 p.m. and 10:00 p.m. on the following dates: March 17, the last Monday in May, July 4, the first Monday in September, and December 31. Use of fireworks would not be permitted on residential property after 10:00 p.m., but they could be used on any property other than residential property. O.C.G.A.§  36-60-24 would be further amended to state that governing authorities of a county or municipality can further regulate the use of consumer fireworks.


HB722

(1) Peake, Allen 141st

HC: Judiciary Non-Civil

Mar/02/2016 - Senate Read and Referred

Rep. Allen Peake (R-Macon), amends Title 31 by repealing O.C.G.A. § 31-2A-18 in order to establish a patient registry system for patients who use medical cannabis. The bill would create a new chapter at O.C.G.A. § 31-2B-1. It increases the number of qualifying medical conditions to 17, to include: Cancer (end stage); Mitochondrial disease; Parkinson's disease; Sickle cell disease; Glaucoma; Human immunodeficiency virus or acquired immune deficiency syndrome; Tourette's syndrome; Amyotrophic lateral sclerosis; Seizures; Severe muscle spasms; Crohn's disease, ulcerative colitis, or irritable bowel syndrome; Epidemolysis bullosa; Terminal illness, with probable life expectancy of under one year so long as the pain is severe or the patient has been experiencing severe nausea or cachexia; Post-traumatic stress disorder; Intractable pain; Autism spectrum disorder; Alzheimer's disease; or any other medical condition or its treatment approved by the commissioner.


HB724

(1) Petrea, Jesse 166th

HC: Judiciary Non-Civil

Jan/20/2016 - House Second Readers

Rep. Jesse Petrea (R-Savannah), relates to the "Crime Victims' Bill of Rights". It would amend O.C.G.A. § 17-17-13 to require that 30 days of advance notification be given to a victim by the State Board of Pardons and Paroles, whenever it considers making a final decision to grant parole. It also amends O.C.G.A. § 42-9-47, to require 30 days of advance notification be given to an inmate whenever the State Board considers making a final decision to grant parole or place the inmate into transitional housing.


HB725

(1) Cantrell, Wes 22nd

HC: Juvenile Justice

Mar/14/2016 - Senate Passed/Adopted

Rep. Wes Cantrell (R-Woodstock), is known as the "Child Abuse Records Protection Act". It would amend O.C.G.A. § 49-5-40 to provide for greater confidentiality of child abuse records. It provides a definition for 'child advocacy center', defining it as an entity which is operated for the purposes of investigating known or suspected child abuse . It changes who is permitted to access records; It provides for a protective order; provides immunity for child advocacy centers in releasing child abuse records.


HB727

(1) Battles, Paul 15th

HC: Regulated Industries

Mar/25/2016 - Senate Conference Committee Report Adopted

Rep. Paul Battles (R-Cartersville), comprises several 2016 changes to the regulation of fireworks in Chapter 10 of Title 25.  Among the revisions include a number of new definitions: "electric plant;" "public gathering;" "wastewater treatment plant;" and "water treatment plant."  There are several specific changes in O.C.G.A. § 25-10(b) including that it will be unlawful to use fireworks, consumer fireworks or other items defined in O.C.G.A. § 25-10-1(b)(2) "within five yards of a vertical or overhead obstruction, or across, into, or within the right of way of a public road, street, highway, or railroad of this State."  It further changes the times when such fireworks are permitted to be used, moving the ending time from midnight to 10:00 p.m. if such is permitted by noise ordinance of the county, municipal corporation or consolidated government.  It does add specific times for January 1 and July 3-4 and December 31.  It does make it illegal to use fireworks within 100 yards of an electric plant, water treatment plant and wastewater treatment plant or where other flammable or combustible liquids or gasses are stored in excess of 500 gallons; within 100 yards of any public or private electric substation, jail or prison; within 100 yards of a hospital, nursing home or other healthcare facility regulated under Chapter 7 of Title 31 (unless the owner/operator of the facility uses the consumer fireworks); at a public gathering where there is a public safety interest (as determined by law enforcement or fire department); while under the influence of alcohol or drug or a combination and to the extent it is unsafe for the person to use or explode or cause to be exploded consumer fireworks or where a law enforcement officer has probable cause to believe that such use by the person is unsafe; and for purposes of deliberately or intentionally harassing, intimidating or causing harm to others or where a law enforcement officer has probable cause to believe that such use is deliberately or intentionally harassing, intimidating or causing harm to others.  It also revises in O.C.G.A. § 48-13-131, regarding taxation of consumer fireworks, that a local excise tax is to be imposed on consumer fireworks and other items enumerated in O.C.G.A. § 25-10-1(b)(2) at a rate of one (1) percent per item sold and that the local excise tax is to be paid by the seller and due and payable to the local governing authorities imposing such tax on sales occurring within their jurisdiction.


HB744

(1) Chandler, Joyce 105th

HC: Judiciary Non-Civil

Jan/15/2016 - House Second Readers

Rep. Joyce Chandler (R-Grayson), addresses O.C.G.A. § 16-6-5.1, concerning the crime of sexual assault, to prohibit sexual contact between school personnel (teacher, principal, assistant principal, administrator or employee of the school) and students who are enrolled in the same school.


HB746

(1) Benton, Tommy 31st

HC: Industry and Labor

Jan/15/2016 - House Second Readers

Rep. Tommy Benton (R-Jefferson), adds a new Code Section at O.C.G.A. § 34-1-9 in an effort to allow employees to use sick leave for the care of immediate family members (employee's child, spouse, grandchild, grandparent, or parent or any dependents shown on an employee's most recent tax return).


HB762

(1) Willard, Wendell 51st

HC: Judiciary

Mar/15/2016 - Senate Read Second Time

Rep. Wendell Willard (R-Sandy Springs), relates to disposal of aborted fetuses and the reporting requirements in O.C.G.A. § 16-12-141.1(a)(2) to require that "each hospital, clinic, and laboratory shall report the manner in which it disposes of the aborted fetus.  Such reports shall be made annually to the Department of Public Health by December 31 and whenever the method of disposal changes.  The commissioner of public health shall provide forms for reporting under this paragraph."  Further, it alters O.C.G.A. § 16-12-160 concerning the buying, selling or offering to buy or sell a human body or parts thereof and it adds in (c)(2) that "any natural person who buys or sells, offers to buy or sell, or assists another in buying or selling or offering to buy or sell an aborted human fetus or any part thereof in violation of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for five years."  Another change is added in O.C.G.A. § 44-5-154, "Georgia Revised Uniform Anatomical Gift Act," adding that a person, who for valuable consideration knowingly purchases or sells an aborted human fetus or a part of an aborted fetus for any purpose, is to be punished in accordance with O.C.G.A. § 16-12-160.


HB765

(1) Powell, Jay 171st

HC: Governmental Affairs

Mar/16/2016 - Senate Passed/Adopted

Rep. Jay Powell (R-Camilla) would amend O.C.G.A. § 49-3-2, to provide that appointments to County Departments of Family and Children Services can be made to retired individuals.


HB768

(1) Hawkins, Lee 27th

HC: Ways & Means

Mar/24/2016 - Senate Receded from Amend or Sub

Rep. Lee Hawkins (R-Gainesville) establishes a qualified ABLE program in Georgia to encourage and assist the savings of private funds in tax exempt savings accounts to pay for qualified disability expenses for individuals with disabilities. The program is to be implemented in a manner that is consistent with federal ABLE laws.
O.C.G.A. § 30-9-4 creates the Georgia ABLE Program Corporation and assigns it to the Department of Administrative Services for the purpose of implementation. The governing board includes the Commissioner of Behavioral Health; the Commissioner of Community Health; the State Auditor; the Director of the Office of Planning and Budget; the State Revenue Commissioner; the State Treasurer (to act as administrative officer of the board); and three directors appointed by the Governor. Two of those appointees must have a disability, have a family member with a disability, or be a disability advocacy professional. The board would need to regulate financial contributions as well. It would require the collection of fees to cover the reasonable costs of administering ABLE accounts and would impose a 10 percent penalty on the earnings portion included in a withdrawal from an account for nonqualified disability expenses or if such money is withdrawn on a fraudulent basis.


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