Gold Dome Report 2019 Georgia Legislative Session June 2019 NELSON MULLINS RILEY & SCARBOROUGH LLP ATTORNEYS AND COUNSELORS AT LAW Atlantic Station 201 17th Street, NW | Suite 1700 Atlanta, GA 30363 T 404.322.6000 F 404.322.6050 nelsonmullins.com i Gold Dome Report 2019 Georgia Legislative Session We are pleased to present the Nelson Mullins Gold Dome Report for the 2019 Session of the Georgia General Assembly. We appreciate the privilege of representing our clients and wish to accumulate in some detail the key pieces of legislation that were passed or considered and in which our clients and our lobbying team are actively involved. This report is organized by subject matter, such as health or education, with subtopics where helpful and appropriate. 2019 was a transition year with new statewide constitutional officers and numerous new legislators elected in 2018. In terms of the big picture, the passage of a $3000 pay raise for all certified teachers and educators in public schools, certificate of need legislation, and the passage of an abortion bill stand out. The agricultural growth of hemp was authorized and a limited production of THC oil was also permitted. The efforts of our lobbying team, in particular Helen Sloat and George Ray, were crucial for several of our education clients in extending the teacher pay raise to all certified professionals in public schools, including counselors, social workers, and psychologists. In the certificate of need wars, the hospital side succeeded in keeping CON largely intact. Highlights of the detailed summaries in this report include: Health and Mental Health: • Authorization for the Governor to design and present to the federal government two waivers to serve the Medicaid expansion population. • Passage of new interstate compacts for psychologists, physicians, and physical therapists, and revision to the nurse compact already passed, all of which aim to increase the health care workforces in communities where the supply of health professionals is absent or very small. • Revisions to procedures under the certificate of need laws, but with retention of the facilities and events currently in existence and regulated by the Department. • New funding for community mental health services, noticeably expansion of the APEX Program for wraparound services for school age kids with intense mental health or emotional issues. Interest in child and adolescent services continues at a high level, as the suicide rates continue to rise for this and other population groups. • Establishment of the Georgia Mental Health Reform and Innovation Commission. i Education: • A $3000 increase in the state salary schedule for teachers and other certified school personnel. • The defeat of school voucher expansion efforts. • Additional focus on children identified with dyslexia and providing assistive services. • New funds for school counselors in Title I high schools and wraparound services provided by Communities in Schools. • $30,000 per public school for school safety improvements. Child Welfare: • Authorization of planning and funding for the new federal Family First Prevention Services Act that encourages community-based services to reduce the number of children and adolescents who are placed in the custody of the state’s congregate and foster care systems. • Amendments to the Child Abuse Protection Act and its child abuse registry, affording additional procedural rights to victims and persons accused of violations. • Additional funding for out of home care and for the schools in education programs for kids in residential programs. Other: • New restrictions on when an abortion is permitted, namely prior to the detection of a heartbeat in the fetus with some exceptions. • Permission for commercial growth of hemp. • Establishment of a new commission on medical marijuana, specifically Low THC Oil, that will establish a licensing system for its manufacture and sale. • Increased protections for human tracking victims and penalties for offenders. • Continued efforts to increase broadband coverage throughout the state to help rural areas attract better education, healthcare, and investment. In terms of the political climate in the 2019 Session, new Governor Brian Kemp and Lieutenant Governor Geoff Duncan were sorting out their new staff teams. The Democrats got a larger minority in the House, winning a net 12 seats. The swing of independent women away from Trump "principles" caused this result. The House Republican majority is 105-75, and in the Senate the Republicans continue to dominate with a 35-21 majority. As each party shifts in the composition of its subgroups, particularly around value issues, the change in the size of the Republican majorities becomes more interesting. At the legislative level, next year’s 2020 election results for ii state House and Senate seats are likely to affect reapportionment decisions that follow the 2020 Census. Some Republican leaders interpreted the 2016 election results as necessitating efforts to win back women voters in the north Atlanta suburbs. This view drove the passage of the Medicaid expansion waivers on the theory that women often make health care decisions. There was also a good bit more health legislation than normal, as you will see in this Report. These efforts were caused at least in part, ironically, by Stacey Abrams’s broadcasting support for Medicaid expansion. Governor Kemp and Lt. Governor Duncan pushed for a vote on the abortion bills to promote Republican value issues. There was a new private school voucher bill as well that the public school systems opposed and defeated, but the debate is likely to renew in the 2020 Legislative Session. There were no religious freedom or immigration bills in 2019, but Georgia may be in for a showdown on economic development issues, if other value bills are pushed by the Governor or Lt. Governor in 2020. So the parties tack left, then tack right. Both parties seek their true base. American and Georgia politics are likely to continue to realign in 2020. Enjoy and savor the question, "Who is Georgia?" Please call on us if we can help you on any state governmental issue or insight. Stanley S. Jones, Jr. George S. Ray [email protected] [email protected] Helen L. Sloat Sam Marticke [email protected] [email protected] iii Table of Contents Page Bills Passed • Abortion ......................................................................................................1 • Agriculture and Natural Resources .............................................................2 • Banks and Banking .....................................................................................2 • Broadband ..................................................................................................3 • Certificate of Need ......................................................................................5 • Child Welfare ..............................................................................................8 • Contracts .................................................................................................. 20 • Courts ....................................................................................................... 20 • Criminal Justice ........................................................................................ 22 • Education ................................................................................................. 22 • Health ....................................................................................................... 29 • Hemp ....................................................................................................... 33 • Insurance .................................................................................................. 34 • Low THC – Medical Cannabis .................................................................. 37 • Medicaid and Medicaid Financing ............................................................ 39 • Mental Health ........................................................................................... 43 • Motor Vehicles .......................................................................................... 43 • Prescription Drugs .................................................................................... 45 • Professions/Licensure – Scope of Practice .............................................. 47 • Property .................................................................................................... 53 • Sovereign Immunity .................................................................................. 54 • State Government .................................................................................... 55 • Taxation .................................................................................................... 56 • Voting/Ethics/Elections ............................................................................. 59 • Study Committees and Councils ............................................................... 60 Amended FY 2019 Budget Highlights .............................................................. 64 FY 2020 Budget Highlights ............................................................................... 68 Bill That Did Not Pass • Abortion .................................................................................................... 77 • Agriculture and Natural Resources ........................................................... 77 • Broadband