2016 Brings Second of Two-Year Session and Election Year, Fast Pace Expected

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The 2016 session of the Georgia General Assembly will begin Monday, Jan. 11. Since this will be the second year of the 2015-16 term, bills that did not pass during the 2015 legislative session will be eligible for passage in 2016.

All Georgia state House and Senate seats will also be up for election in November 2016. Because a 2013 federal court decision required changes to Georgia’s election schedule—moving our primaries from July to May—this session is likely to move quickly and adjourn relatively soon.

Some issues expected to be hot topics during the 2015 session are the new school-funding formula recommended by Gov. Nathan Deal’s Education Reform Commission, medical marijuana, and religious freedom legislation.

New Legislators
There will be eight new House members and two new senators in the Georgia General Assembly in 2016.

The new state representatives are:

  • Sheri Gilligan (R-Cumming) District 24
  • Betty Price (R-Roswell) District 48
  • Marie Metze (D-Atlanta) District 55
  • Taylor Bennett (D-Brookhaven) District 80
  • Doreen Carter (D-Lithonia) District 92
  • Jodi Lott (R-Evans) District 122
  • Shaw Blackmon (R-Bonaire) District 146
  • Clay Pirkle (R-Ashburn) District 155

The new senators are:

  • Larry Walker III (R-Perry) District 20
  • JaNice Van Ness (R-Lithonia) District 43

 

Education Reform Commission Updates
The governor created the Education Reform Commission in January 2015 to provide recommendations intended to improve our educational system, increase access to early learning programs, recruit and retain high-quality instructors, and expand school options for Georgia’s families. The Commission worked in five subcommittees:

  • Early Childhood Education
  • Move on When Ready
  • Teacher Recruitment, Retention, and Compensation
  • Educational Options; and
  • Funding.

The Commission received recommendations from each of the subcommittees, and finalized its report in late November. Highlights include:

Early Childhood Education:

  • Increase start-up costs for new Georgia Pre-K classes from $8,000 to $12,000, and increase operating costs by 5 to 8 percent.
  • Increase the pay for Pre-K assistant teachers.
  • Reduce Pre-K class size from 22 to 20 students.
  • Enact legislation to create a refundable consumer tax credit for families with children enrolled in a Quality Rated child-care program.
  • Enact legislation to create a business tax credit for Quality Rated child-care providers.
  • Enact legislation to create a refundable occupational tax credit based upon teacher credentials for educators employed by a Quality Rated child-care provider.

Teacher Recruitment, Retention, and Compensation:

  • Increase the amount of the base teacher salary.
  • Study the possibility of creating a service cancelable loan program for education graduates of the University System of Georgia.

Funding:

  • Implement a student-based funding formula that consists of three components—student base funding, weighted student characteristics, and categorical grants—shifting away from the method used in the current Quality Basic Education formula for how students are counted for funding purposes.
  • Continue with the state’s commitment to fully funding K–12 education by permanently adding $258 million to the current K–12 budget beginning in FY2018, and, as funds are available, increase funding to the state’s education system to reduce the impact of austerity cuts made in years prior.

Child Welfare Reform Council Updates
During the 2014 legislative session, Deal created the Child Welfare Reform Council and charged it with completing a comprehensive review of the Division of Family and Children Services (DFCS) and to advise him on possible executive agency reforms and legislative fixes, if necessary.

Many of the Council’s recommendations were implemented throughout 2015, and the Council has been monitoring that progress. Local and regional advisory boards have been established, and DFCS Director Bobby Cagle has been working to lower caseloads. The Division is designing a comprehensive, safety-based Georgia Practice Model that includes trauma-informed elements, and is partnering with Georgia Tech to improve technology available to DFCS employees. Eleven out of 15 practice coaches have also been hired to provide ongoing coaching and solution-based casework mentorship.

Although the Child Welfare Reform Council has not finalized its recommendations for 2016, the Council discussed the possibility of introducing legislation to eliminate barriers for foster youth obtaining state-issued drivers licenses. The Council is also exploring ways to address concerns raised by child placement providers regarding duplications, as well as uncoordinated requirements and inspections.

Legislative Study Committee Updates
After the 2015 session, several legislative study committees examined issues related to Georgia’s children and families. House study committees that looked into these issues included:

  • Children’s Mental Health;
  • Kinship Care;
  • Health, Education, and School-Based Health Centers; and
  • Welfare Fraud.

Senate study committees that investigated children and family issues included:

  • Preventing Youth Substance Abuse Disorders, and
  • Rate of Diagnosis for Children with Attention Deficit with Hyperactivity Disorder.

Final reports and recommendations were due from most of the study committees by Dec. 1, but the reports have not yet been released.


Legislation

The 2015 legislative session was the first of a two-year cycle, so any legislation that was filed but not voted upon by the General Assembly is eligible for action during the upcoming 2016 session. In addition, some new bills were pre-filed for the 2016 session. Those bills must be formally introduced after the session begins to become active legislation.

Carry-Over Legislation

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HB 7 (Rep. Kimberly Alexander, 66th) amends the requirements of safety plans by early childhood care and educational programs—including procedures for notifying parents and guardians in cases of emergencies.
Status: A House education subcommittee heard and tabled the bill. It was not passed out of subcommittee.

HB 10 (Rep. Rahn Mayo, 84th) limits drivers to making only hands-free telephone calls unless a person is calling during an emergency situation.
Status: The bill was assigned to the House Motor Vehicles Committee and was not passed out of committee.

HB 111 (Rep. Wendell Willard, 51st) authorizes local boards of education to allow commercial advertising on the inside or exterior of school buses. Advertising tobacco, alcohol, or food items prohibited from being sold to students through vending machines will not be allowed, and the State Board of Education will develop specific rules and regulations.
Status: The bill was assigned to the House Education Committee, was heard and tabled in subcommittee, and was not passed out of committee.

HB 309 (Rep. Bill Hitchens, 161st) makes it unlawful for a child under 12 to cross a roadway without an adult after exiting a school bus.
Status: The bill was assigned to the House Public Safety and Homeland Security Committee. It was not passed out of committee.

HB 434 (Rep. Bert Reeves, 34th), entitled “Cooper’s Law,” provides civil immunity to a person who causes property damage by forcibly entering a vehicle to remove a child believed to be in imminent danger. SB 34 (Sen. Greg Kirk, 13th) was a similar bill in the Senate.
House Bill Status: The bill was assigned to the House Judiciary Committee. It did not pass out of committee.
Senate Bill Status: The Senate passed a substitute version of the bill on Feb. 18. The bill was further amended in the House. The final version under consideration amended current law around emergency care at the scene of an accident to state that emergency care shall include the rescue or attempted rescue of an incapacitated or endangered individual from a locked motor vehicle. SB 34 did not make it to the House floor for a vote, so it did not pass. The bill was recommitted to the House Judiciary Committee.

SB 130 (Sen. Bruce Thompson, 14th), the Smokefree Cars for Children Act, makes it a misdemeanor for a person to smoke in a car—or permit another occupant of the car to smoke—while a child under 15 is in the vehicle.
Status: The Senate passed the bill. The House Judiciary Non-Civil Committee passed a slightly amended substitute version of the bill, but it did not get to the House floor for a vote. The bill was recommitted to the House Judiciary Non-Civil Committee.

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SB 181 (Sen. Josh McKoon, 29th) exempts certain nursery schools, playschools, kindergarten programs, and educational programs from licensure if they operate for no more than four consecutive hours per day, up to five days per week.
Status: The bill was assigned to the Senate Education and Youth Committee, but no vote was taken.

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HB 100 (Rep. Tom Dickson, 6th) changes the cut-off date by when a child must be a certain age to enroll in elementary and secondary school. Under the bill, children must be 5 years old by Aug. 1 to enroll in kindergarten for the 2015-16 school year, and must be 5 by June 30 to enroll by the 2016-17 school year. The current cut-off date is Sept. 1.
Status: The bill was amended to delay the changes to later school years. The House passed the bill as amended. It was assigned to the Senate Education and Youth Committee, which took no action on the bill.

HB 135 (Rep. Henry “Wayne” Howard, 124th) prohibits the suspension of Pre-K and kindergarten students, except when a student has caused or threatened serious bodily harm or is in possession of, or furnished others with, a weapon.
Status: A House Education subcommittee heard and tabled the bill. It was not passed out of committee.

HB 139 (Rep. Mickey Stephens, 165th) expands the age for mandatory school attendance from ages 6 – 16 to 5 – 17. SB 56 (Sen. Vincent Fort, 39th) and SB 60 (Sen. Lester Jackson, 2nd) are similar bills that extend the age for mandatory school attendance to age 17 and 17.5, respectively.
House Bill Status: The bill was not passed out of the House Education Committee.
Senate Bills Status: The bills were not passed out of the Senate Education Committee.

HB 144 (Rep. Craig Gordon, 163rd), the Student Online Personal Information Protection Act, prevents personally identifiable student information or materials from being disclosed to outside sources.
Status: The bill was not passed out of the House Education Committee.

HB 243 (Rep. Mark Hamilton, 24th*) allows parents to set up an education savings account for their child. Composed of state funds accrued on behalf of an eligible student, the account can be used to pay for tuition and fees at any eligible school, including future postsecondary expenses.
Status: The bill was originally assigned to the House Education Committee, which heard the bill but took no action. The bill was subsequently withdrawn and assigned to the House Ways and Means Committee, which did pass the bill, but it did not reach the House floor for a vote. The bill was recommitted to the House Ways and Means Committee. *Rep. Mark Hamilton resigned his seat following the 2015 session.

HB 334 (Rep. Dexter Sharper, 177th) provides for an elective course of study in personal finance for middle school students, and a mandatory course for grades 9 – 12.
Status: The bill was not passed out of the House Education Committee.

HB 614 (Rep. Valencia Stovall, 74th), the Landon Dunson Act, creates a pilot program for placing monitoring cameras in school classrooms that provide special education services.
Status: The bill was assigned to the House Education Committee, which took no action.

SB 124 (Sen. Vincent Fort, 39th) creates the Sustainable Community Schools Program, an education reform proposal by the Democratic caucus. The bill authorizes the Dept. of Education to issue grants to low-performing schools to establish school partnerships with community organizations.
Status: The bill was not passed out of the Senate Education and Youth Committee.

SB 157 (Sen. William Ligon, Jr., 3rd) establishes limitations and requirements for student data maintenance. The bill states that state agencies, local boards of education, and schools shall not maintain personally identifiable information from education records without written consent unless maintenance of data is mandated by statute or is administratively required.
Status: The bill was not passed out of the Senate Education and Youth Committee.

SB 161 (Sen. Emanuel Jones, 10th) revises provisions on the automatic expulsion of students bringing weapons to school by narrowing the law to apply only to possession of a firearm. The bill also provides a hearing officer, superintendent, or local board of education the authority to modify the one-year expulsion on a case-by-case basis.
Status: The Senate Education and Youth Committee passed a substitute version of the bill on March 5, which did not make it to the House floor for a vote.

SB 162 (Sen. Emanuel Jones, 10th) revises the law regarding student discipline reports of certain offenses. Current law requires that an oral report be made immediately to the school superintendent, police authority, and district attorney when certain offenses are committed—including aggravated assault, aggravated battery, possession of a firearm, and possession or distribution of controlled substances. The bill makes current law applicable only to students 10 years of age or older.
Status: The bill was not passed out of the Senate Education and Youth Committee.

SB 165 (Sen. Emanuel Jones, 10th) changes certain requirements regarding student disciplinary hearings. Currently, a hearing is required when a principal recommends a student be expelled for more than 10 days. Under the bill, a hearing must be held when a principal recommends expulsion for more than five days.
Status: The bill was not passed out of the Senate Education and Youth Committee.

SB 166 (Sen. Emanuel Jones, 10th) increases the maximum fine for parents who violate compulsory school attendance laws from $100 to $500.
Status: The bill was not passed out of the Senate Education and Youth Committee.

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HB 8 (Rep. Tyrone Brooks, 55th) increases the minimum wage in Georgia to $15 per hour. The federal minimum wage is $7.25.
Status: The bill was not passed out of the House Industry and Labor Committee.

HB 22 (Rep. Stacey Evans, 42nd) increases HOPE grants to cover the full cost of tuition.
Status: The bill was not passed out of the House Appropriations Committee.

HB 43 (Rep. Earnest Smith, 125th) mandates that both parents—including noncustodial parents—be allowed to pick up and drop off their children from school, unless specifically prohibited by a court order.
Status: The bill was not passed out of the House Education Committee.

HB 92 (Rep. Tommy Benton, 31st) allows workers in businesses with 10 or more employees to use up to five days of earned sick leave to care for immediate family members. SB 242 (Sen. Michael Williams, 27th), a similar version of the bill introduced in the Senate, does not include language that would expand the employee’s right to take action against an employer who violates the law.
House Bill Status: The bill was not passed out of the House Industry and Labor Committee.
Senate Bill Status: The bill was introduced at the end of the session and was assigned to the Senate Health and Human Services Committee.

HB 229 (Rep. Brian Strickland, 111th) allows grandparents, great-grandparents, or siblings of a minor to file an action for visitation rights.
Status: The bill was not passed out of the House Juvenile Justice Committee.

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HB 14 (Rep. Scot Turner, 21st), the Fiscal Accountability Act, prohibits any local authority, local government, school district, or the state from accepting federal funds in any form or for any purpose, unless specifically authorized by the General Assembly.
Status: The bill was not voted out of the House Appropriations Committee.

HB 186 (Rep. Ed Setzler, 35th) clarifies the law regarding weapons in school safety zones.
Status: The House Public Safety and Homeland Security Committee heard the bill and assigned it to a subcommittee. Ultimately, the bill was not passed out of the House Public Safety and Homeland Security Committee.

HB 406 (Rep. Don Parsons, 44th) provides for age-appropriate sexual abuse and assault awareness and prevention education in grades Kindergarten – 12.
Status: The bill was not passed out of the House Education Committee.

HB 544 (Rep. Heath Clark, 147th), the Georgia Campus Carry Act of 2015, allows licensed weapons owners to carry firearms in buildings or on property owned or leased by postsecondary education institutions.
Status: The bill was not passed out of the House Public Safety and Homeland Security Committee.

 

Pre-Filed Legislation

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HB 708 (Rep. Keisha Waites, 60th) requires local boards of education to provide a high-school elective course in driver education and training, and raises the minimum age for certain licenses and permits.

HR 961 (Rep. Keisha Waites, 60th) proposes a constitutional amendment to dedicate fees and assessments to fund driver education and training courses in public high schools.