Chief Justice Highlights Shifts to Modernize Georgia’s Judiciary; House Passes Amended FY16 Budget

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Chief Justice Hugh Thompson of the Georgia Supreme Court delivered the annual State of the Judiciary address to a joint session of the General Assembly on Jan. 27, noting several advances within the judicial system that he said will help Georgia’s courts meet the evolving needs of our state.

Thompson highlighted several modern challenges the courts are facing—for example, increasingly complex litigation that comes with a growing state, changing demographics, and a shift in legal priorities—as well as opportunities provided by new technologies and updated facilities. To maintain a “healthy, vibrant judiciary” for the 21st century, Thompson highlighted some key efforts in Georgia, including:

  • Shifting certain cases from the Georgia Supreme Court’s jurisdiction to the Court of Appeals (COA)—such as land disputes, divorces, and alimony disputes—so the Supreme Court can focus on “the most difficult cases that have the greatest implications for the law and society at large.” The change is expected to be implemented by next year and will also allow the Supreme Court to hear more appeals of COA decisions.
  • Increasing access to the judicial system by ensuring language assistance is available for those who are not fluent in English.
  • Continuing the development and improving the quality of Georgia’s specialty courts—including drug, DUI, juvenile and adult mental health, and veterans courts—that aim to reduce crime, recidivism rates, and prison costs.

On Thursday, the House passed their version of the Amended FY16 budget with minimal changes to the one proposed by Gov. Nathan Deal. Several new bills were introduced in the House and Senate, while committees met and worked on legislation throughout the week.


Budget News

The House version of the Amended FY16 budget included one change related to children and family issues within the Department of Human Services budget. The House added $1.4 million in Child Welfare Services for the relocation of high-priority Division of Family and Children Services county offices. The budget item was included to address a need for new office space in some counties due to overcrowding resulting from the addition of new caseworkers.

The Senate will begin work on their version of the Amended FY16 budget this week, while the House is working on the FY17 budget.


Schedule

The House and Senate previously passed an adjournment resolution establishing the legislative calendar through the end of session. Legislators are scheduled to be in session Monday through Thursday this week.


Legislation

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HB 649 (Rep. Sharon Cooper, 43rd), the Georgia Lactation Consultant Practice Act, creates a process for licensure of lactation consultants and an advisory committee under the authority of the Georgia Composite Medical Board.
Status: The House Health and Human Services Committee passed the bill on Jan. 27. It is now assigned to the House Rules Committee, which is responsible for scheduling bills for a vote on the House floor.

HB 701 (Rep. David Casas, 107th) amends existing law that mandates classroom instruction related to drug and alcohol use, imposing a new minimum of 12 hours of drug and alcohol use prevention curricula in grades 3–12. Current law requires instruction in grades K–12, but doesn’t provide a minimum number of hours of instruction.
Status: The House Education Committee asked that the bill be withdrawn from further consideration. This request is the result of a recommendation by the Governor’s Education Reform Commission that legislators not pass any new bills that add to the current workload of teachers or that create unfunded mandates for schools.

HB 722 (Rep. Allen Peake, 141st) legalizes additional forms of medical marijuana in addition to cannabis oil and broadens the list of qualifying conditions that can be treated by cannabis. The bill also allows for up to six in-state manufacturers of medical cannabis.
Status: The bill is assigned to the House Judiciary Non-Civil Committee.

HB 727 (Rep. Paul Battles, 15th) amends legislation passed last year allowing the sale and use of fireworks in Georgia by limiting the hours of use from 10 a.m. to 10 p.m. Exceptions provided for in the bill include New Year’s Eve and the Fourth of July, when fireworks can be used until 1 a.m. and midnight, respectively. Under the current law that went into effect in 2015, fireworks can be used until 2 a.m. throughout the year. HB 774 (Rep. Alex Atwood, 179th) is a similar bill providing for local government regulation of the use of fireworks.
Status: HB 727 is assigned to the House Regulated Industries Committee and was scheduled for a hearing on Feb. 1. HB 774 is assigned to the House Public Safety and Homeland Security Committee.

HB 819 (Rep. Dar’shun Kendrick, 93rd) requires the Department of Education, in consultation with the Department of Behavioral Health and Developmental Disabilities, to develop a list of training materials in mental health, behavioral disabilities, and learning disabilities.
Status: The bill is assigned to the House Education Committee.

HB 823 (Rep. Stacey Abrams, 89th) authorizes state appropriations for the purpose of Medicaid expansion.
Status: The bill is assigned to the House Appropriations Committee.

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HB 739 (Rep. Kevin Tanner, 9th) requires the state Board of Education and local boards of education to establish procedures that provide an opportunity for public comment and parental input prior to the adoption of any proposed instructional materials and content.
Status: The bill is assigned to the House Education Committee. Rep. Tanner presented a substitute version of the bill to the Subcommittee on Academic Achievement and Curriculum on Jan. 28 that was passed. This version is now available for consideration by the full House Education Committee.

HB 820 (Rep. Dar’shun Kendrick, 93rd) requires school personnel to develop and implement a documented behavioral correction plan for students who have been placed in out-of-school suspension three times during a school year.
Status: The bill is assigned to the House Education Committee.

SB 281 (Sen. William Ligon, 3rd) requires schools to provide information to students and parents prior to using interactive digital learning platforms, including video games that collect and analyze student data. The bill prohibits the use of digital learning platforms unless they include a portal or other mechanism that allows parental access to the platform and all content available to students. Parents may also opt out of the instruction.
Status: The bill is assigned to the Senate Education and Youth Committee, which assigned it to the Academic Achievement Subcommittee for review.

SB 287 (Sen. Donzella James, 35th) requires local boards of education to provide specialized homeroom classes for at-risk students in which tutoring, mentoring, and other support services will be available. At-risk students are defined in the bill as any student “characterized by poverty, high absenteeism, academic failure, pregnancy, disruptive behavior, or other dysfunctions.”
Status: The bill is assigned to the Senate Education and Youth Committee.

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HB 710 (Rep. Scot Turner, 21st) and HB 768 (Rep. Lee Hawkins, 27th) establish a qualified Achieving a Better Life Experience (ABLE) program in Georgia, allowing eligible individuals to contribute to tax exempt accounts to pay for qualified expenses related to disabilities.
Status: HB 710 is assigned to the House Ways and Means Committee and was scheduled for a hearing in the Income Tax Subcommittee on Feb. 1. HB 768 is assigned to the House Ways and Means Committee and was scheduled for a hearing in the Income Tax Subcommittee on Jan. 25.

HB 824 (Rep. Kimberly Alexander, 66th) requires all employers to implement policies that allow employees to earn and accrue paid sick leave.
Status: The bill is assigned to the House Industry and Labor Committee.

HB 847 (Rep. David Clark, 98th) redesignates current Georgia law regarding public assistance fraud from Title 49 of the Georgia Code (Social Services) to Title 16 (Crimes and Offenses). The bill also updates terminology on food stamps to include new forms of providing public assistance, including electronic benefits cards.
Status: The bill is assigned to the House Judiciary Non-Civil Committee.

SB 293 (Sen. Vincent Fort, 39th) raises the state minimum wage to $15 an hour.
Status: The bill is assigned to the House Insurance and Labor Committee.

SB 297 (Sen. Lester Jackson, 2nd) provides state employees who become adoptive parents up to six weeks of accrued annual or sick leave.
Status: The bill is assigned to the Senate State and Local Governmental Operations Committee.

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HB 713 (Rep. Brad Raffensberger, 50th) amends current law so that causing a child to be conceived as a result of rape, incest, or sex trafficking is grounds for terminating parental rights. HB 803 (Rep. Keisha Waites, 60th) is a similar bill.
Status: HB 713 is assigned to the House Juvenile Justice Committee and has been referred to the Welch Subcommittee for review. HB 803 is assigned to the House Juvenile Justice Committee.

HB 725 (Rep. Wes Cantrell, 22nd) extends the presumption of confidentiality of child abuse records to child advocacy centers.
Status: The bill is assigned to the House Juvenile Justice Committee and has been referred to the Atwood Subcommittee for review.

HB 825 (Rep. Earnest Smith, 125th) requires that the Department of Defense Family Advocacy Program be notified when there is a report of child abuse by a military parent or guardian.
Status: The bill is assigned to the House Juvenile Justice Committee.