2016 Session Reaches Halfway Mark; Senate Finalizes Amended FY16 Budget

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Legislators completed 20 of 40 legislative days last week, leaving only nine remaining before Crossover Day, which is scheduled for Monday, Feb. 29. Crossover Day—or the 30th legislative day—is the last time bills can be passed out of one chamber to be considered by the other legislative body.

Budget News

The Senate passed its version of the Amended FY16 budget on Feb. 10. There were minimal changes from the House version overall, and very few related to children and families.

Department of Human Services (DHS)
In Child Welfare Services, the Senate disagreed with including $1.4 million to relocate high-priority Division of Family and Children Services (DFCS) county offices.

Department of Juvenile Justice

  • In Secure Commitment—or Youth Development Campuses (YDCs)–Gov. Nathan Deal’s version of the budget recommends redirecting $500,000 from the Milan YDC to the Augusta, Eastman, and Sumter YDCs to provide increased security. The House version agrees with reducing the funds from the Milan YDC, but does not include language redirecting the funds to the three other YDCs. The Senate included language indicating that it agrees with the previous versions, but restored the $500,000 to the line item.
  • Also in Secure Commitment, Deal’s version of the budget redirected $1.25 million from the Milan YDC to support facility sustainment costs. The House version of the budget reduces that amount by $200,000 and includes the language “reflect in HB 751,” which is the FY17 budget. The Senate agreed with the reduction of $200,000 in the Amended FY16 budget, and redirects the remaining $1.05 million as recommended in Deal’s budget.

Because there are few differences between the House and Senate versions of the Amended FY16 budget, a final version is expected to be agreed upon this week. House Appropriations subcommittees are also completing work on the FY17 budget, and the House is expected to finalize it by next week.

Schedule

Legislators were adjourned for President’s Day on Feb. 15 and are scheduled to be in session Tuesday through Friday this week. The House and Senate previously passed an adjournment resolution establishing the legislative calendar through the end of session.

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 passed the bill on Feb. 8, and it is assigned to the Senate Health and Human Services Committee.

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 instate manufacturers of medical cannabis.
Status: The bill is assigned to the House Judiciary Non-Civil Committee, which has held several hearings, including two last week. It is opposed by members of the law enforcement community and the Prosecuting Attorney’s Council of Georgia due to concern that the bill is too broad.

HB 777 (Rep. Mike Dudgeon, 25th) allows school bus drivers to use cell phones while the bus is in motion for live communication with school or public safety officials.
Status: The House Public Safety and Homeland Security Committee passed the bill on Feb. 10 by committee substitute, and it’s now assigned to the House Rules Committee. The substitute version clarifies that bus drivers cannot use cell phones except for live communication with school or public safety officials and only if the driver remains seated with a safety belt.

HB 819 (Rep. Dar’shun Kendrick, 93rd) requires the Department of Education (DOE), 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. The Subcommittee on Academic Achievement and Curriculum heard the bill on Feb. 10, but no vote was taken.

HB 873 (Rep. David Clark, 98th), the Sudden Cardiac Arrest Prevention Act, requires the DOE to develop guidelines and other relevant materials to inform students participating in athletic activities and their parents of the risks and warning signs of cardiac arrest.
Status: The bill is assigned to the House Education Committee. The Subcommittee on Academic Support is scheduled to hear the bill on Feb. 16.

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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 House passed a committee substitute version of the bill on Feb. 9, and it is now assigned to the Senate Education and Youth Committee. The bill sets clear guidelines for approval of instructional materials by the state BOE and local boards of education. The substitute version provides that parents will have the opportunity for comment and input at both the state and local levels, and that all materials will be available for review upon request by a parent. Each local board will designate one employee to serve as the contact person for inquiries, with the changes going into effect July 1 of the 2017-18 school year.

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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 of HB 710: The bill is assigned to the House Ways and Means Committee and was scheduled for a hearing in the Income Tax Subcommittee on Feb. 1.
Status of HB 768: The House Ways and Means Income Tax Subcommittee passed the bill, and the House Ways and Means Committee is scheduled to hear the bill on Feb. 16.

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 House Judiciary Non-Civil Committee passed the bill on Feb. 11, and it is now assigned to the House Rules Committee.

HB 881 (Rep. Bert Reeves, 34th) revises and updates current law regarding domestic and foreign adoptions.
Status: The bill is assigned to the House Judiciary Committee and is scheduled for discussion in the Caldwell Subcommittee on Feb. 16.

HB 934 (Rep. Tom Kirby, 114th) authorizes the DHS to provide a separate link or website portal to provide kinship caregivers with information and access necessary to apply for public assistance benefits on behalf of children in their care.
Status: The bill is assigned to the House Human Relations and Aging Committee.

HB 950 (Rep. Karen Bennett, 94th) adds notice requirements for when DFCS contacts relatives identified in a search during dependency proceedings. Under the bill, DFCS must provide contact information for a county or regional DFCS caseworker to the identified relatives, as well as information about financial assistance available through any program for kinship care arrangements.
Status: The bill is assigned to the House Judiciary Committee.

HB 961 (Rep. Stacey Abrams, 89th) authorizes units of state government to provide subsidies available to kinship caregivers based on the eligibility of the children rather than the income or age of the kinship caregiver.
Status: The bill is assigned to the House Juvenile Justice Committee.

HB 962 (Rep. Stacey Abrams, 89th) creates the position of kinship care enforcement administrator within the DHS. This administrator will ensure compliance with all federal and state laws, rules, and regulations related to pilot programs, subsidies, or benefits available to kinship caregivers or children within their care.
Status: The bill is assigned to the House Juvenile Justice Committee.

HB 963 (Rep. Stacey Abrams, 89th) provides for non-legal custodians to give legal consent for a child in his or her physical custody to receive medical care or education services.
Status: The bill is assigned to the House Juvenile Justice Committee.

HB 974 (Rep. Mary Margaret Oliver, 82nd) allows for a DFCS or DHS employee to sign an application for an instructional permit or driver’s license for an applicant committed to the care and custody of DHS. The employee will not be subject to any civil liability, penalty, licensing sanction, or other detrimental action for signing an application.
Status: The bill is assigned to the House Juvenile Justice Committee.

HB 1006 (Rep. David Clark, 98th) directs DHS to enter into a competitively bid contract to provide verification of initial and ongoing eligibility data for food stamp benefits. Under the bill, cash assistance to a non-minor recipient is limited to a lifetime maximum of 12 months, the lottery corporation is responsible for providing information to DHS about individuals who claim winnings over $1,000, and penalties are provided for individuals who violate certain requirements.
Status: The bill is not yet assigned to a committee.

SB 242 (Sen. Michael Williams, 27th), the Family Care Act, 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. HB 746 (Rep. Tommy Benton, 31st) is a similar bill in the House.
Status of SB 242: The Senate Health and Human Services Committee passed the bill on Feb. 8, and it is now assigned to the Senate Rules Committee.
Status of HB 746: The bill is assigned to the House Industry and Labor Committee.

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HB 684 (Rep. Chuck Martin, 49th) allows dental hygienists to work under the supervision of dentists in safety-net health care settings, such as public health departments and Federally Qualified Health Centers, in order to improve access to dental screenings and cleanings in areas where there aren’t enough dentists or dentists who are Medicaid providers. SB 248 (Sen. Valencia Seay, 34th) is a similar bill in the Senate.
Status of HB 684: The bill was heard twice in the House Health and Human Services Committee, and it is scheduled for a vote on Feb. 16.
Status of SB 248: The Senate Health and Human Services Committee passed the bill on Feb. 8, and it is now assigned to the Senate Rules Committee.

HB 763 (Rep. Penny Houston, 170th) removes the sunset provision for the sales tax exemption currently provided for food sales to food banks.
Status: The bill is scheduled for discussion in the Sales Tax Subcommittee of the House Ways and Means Committee on Feb. 16.

HB 765 (Rep. Jay Powell, 171st) amends who may serve on local DFCS boards. Current law states that individuals must be active in their professions, while this bill allows retired individuals to serve.
Status: The House passed the bill on Feb. 9, and it is now assigned to the Senate Health and Human Services Committee.

HB 915 (Rep. Andrew Welch, 110th) requires criminal records checks for owners and employees of all child-caring institutions, child-placing agencies, children’s transition care centers, and maternity homes. The bill also directs DHS to develop a public scorecard to grade child welfare agencies.
Status: The bill is assigned to the House Health and Human Services Committee and is scheduled for discussion on Feb. 16.