Senate Passes FY17 Budget, Campus Carry Legislation

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House and Senate committees worked throughout last week, considering bills that passed out of one chamber by Crossover Day. The Senate also passed its version of the FY17 budget, and House and Senate members were appointed to a conference committee that has the responsibility of sorting out differences between the chambers’ versions of the budget.

House conferees:

  • House Majority Leader Jon Burns (Dist. 159)
  • House Speaker Pro Tem Jan Jones (Dist. 47)
  • House Appropriations Chairman Terry England (Dist. 116)

Senate conferees:

  • Senate Majority Leader Bill Cowsert (Dist. 46)
  • Senate President Pro Tem David Shafer (Dist. 48)
  • Senate Appropriations Chairman Jack Hill (Dist. 4)

In addition to the budget, the Senate passed HB 859 (Rep. Rick Jasperse, 11th), the Campus Carry Bill, on March 11. The bill, which has garnered a lot of media attention this session, allows licensed gun owners who are 21 years and older to carry weapons on post-secondary campuses. Under the bill, guns must be concealed and are still not allowed in some specific on-campus locations, including in student housing, fraternity and sorority houses, and athletic stadiums. The legislation is now before Gov. Nathan Deal, who can sign the bill or do nothing, which will make it law, or veto it.

Schedule

Legislators were in session every day but Wednesday last week, completing 35 of 40 legislative days. This week, they are scheduled to meet Monday through Wednesday for days 37 and 38 before adjourning until Tuesday, March 22. Sine Die—the final day—is scheduled for Thursday, March 24.

Budget News

The Senate passed its version of the FY17 budget on March 10, which included the $159,000 for Georgia Family Connection added by the House to restore $1,000 to each county Collaborative. If the funding remains in the final version signed by Gov. Deal, the change will set each Collaborative’s appropriation at $47,000 for FY17.

The Joint Conference Committee that was appointed to resolve differences between the House and Senate versions of the FY17 budget was scheduled to hold its first public meeting on March 14.

Highlights from the Senate’s version of the FY17 budget include:

Department of Community Health (DCH)

  • In Health Care Access and Improvement, the House added language directing the use of existing funds to continue Rural Hospital Stabilization Committee grants to current pilot sites in Emanuel, Crisp, Appling, and Union counties. The Senate agreed with the directive, but added language directing the use of the funds for pilot sites selected by the Speaker of the House and Lieutenant Governor.
  • In Aged, Blind, and Disabled Medicaid, the House added $1.36 million in state funds ($4.24 million total) to increase reimbursement rates for occupational and physical therapy providers within the Medicaid Children’s Intervention Services program. The Senate raised the added appropriation to $2 million ($6.21 million total) to further increase reimbursement rates.
  • In Low-Income Medicaid, the Senate added $387,407 ($1.2 million total) for a $250 add-on payment for newborn delivery and newborn admission after- delivery in counties with populations less than 35,000.

Department of Education (DOE)

  • In Audio-Video Technology and Film Grants, the Senate cut $2.5 million that was proposed in the Governor’s budget and agreed to by the House for film and audio-video equipment grants to middle and high schools. The Senate included language directing the funding of the equipment through Career, Technical, and Agricultural Education (CTAE) grants in the Technology/Career Education program.
  • In the Technology/Career Education program, the Senate added $3.5 million in funding for CTAE equipment grants to local school systems, broadening the purpose of the equipment grants from just audio-video equipment to include other programs.
  • In the Georgia Virtual School program, the Governor and House directed $324,372 in funding to be cut and replaced by tuition. The Senate added language to require evaluation of existing courses and the development of a plan to extend course offerings.
  • In Information Technology Services, the Governor increased funds by $2.8 million to support technology applications used by local school systems. The House reduced the funding to $1.6 million. The Senate agreed with the $2.8 million recommended by the Governor and added language clarifying that the funds were for local school systems only.
  • In Regional Education Service Agencies, the House added $250,000 for Positive Behavioral Intervention Supports trainers. The Senate increased the funding to $300,000.
  • In School Improvement, the Governor and House included $406,330 for training, professional development, and support for Teach for America corps members. The Senate reduced the funding to $125,000.

Office of the Governor
In the Governor’s Office of Student Achievement, the Senate added $250,000 to increase grants for rural school systems to increase participation and achievement in Advanced Placement Science, Technology, Engineering and Math (STEM) courses.

Department of Human Services (DHS)
In Child Welfare Services, the House added $500,000 to increase funds for Court Appointed Special Advocates to enhance statewide capacity. The Senate increased the funding to $750,000.

Department of Public Health (DPH)

  • In Epidemiology, the House added funds for the Georgia Poison Center: $100,000 to support additional staffing needs and $100,000 for telephone-based stroke support for pre-hospital providers. In its version of the budget, the Senate cut these funds.
  • In Infant and Child Essential Health Treatment Services, the House added $117,178 ($364,000 total) for the Medical College of Georgia Sickle Cell Center at Augusta University. In its version of the budget, the Senate cut these funds.
  • In several program areas, the Governor and House included funds for salary increases for registered nurses to address recruitment and retention issues in the highest turnover classes. The Senate added funding for these increases—approximately 40 percent more than was included in the Governor and House’s versions of the budgets. In Public Health Formula Grants for Counties, for example, the Senate added $618,167 for a salary increase for licensed practical nurses.

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. The Senate Health and Human Services Committee passed a substitute version of the bill on March 7, which creates a Lactation Consultant Advisory Group within the office of the Secretary of State rather than under the authority of the Georgia Composite Medical Board. The bill is now assigned to the Senate Rules 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. SB 369 (Sen. Jeff Mullis, 53rd) is a similar bill in the Senate.
Status of HB 727: The House Regulated Industries Committee passed a substitute version of the bill on Feb. 24, and the House passed it on Feb. 29. The Senate Public Safety Committee passed a substitute version on March 10, which includes most of the language from SB 369.
Status of HB 774: The bill was filed in 2015 and assigned to the House Public Safety and Homeland Security Committee. No action was taken on the bill in 2016, so it did not pass before the Crossover Day cutoff.
Status of SB 369: The Senate passed the bill on Feb. 26, and it was assigned to the House Regulated Industries Committee.

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 passed a substitute version of the bill on Feb. 18, which 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. The Senate Public Safety Committee passed the bill on March 10, and it is now assigned to the Senate Rules Committee.

SR 1091 (Sen. Charlie Bethel, 54th) creates the Senate Study Committee on Hearing Aids for Children.
Status: The Senate Insurance and Labor Committee passed the resolution on March 10, and it is now assigned to the Senate Rules Committee.

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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 House Education Committee passed the bill by substitute on Feb. 4, and it was sent to the House Rules Committee. The bill was sent back to the House Education Committee due to an objection to setting up another pilot program. The bill was amended to remove the word “pilot” and to make the cameras an option authorized by the DOE, and the House passed the amended version on Feb. 24. The Senate Education and Youth Committee passed the bill on March 10, and it is now assigned to the Senate Rules Committee.

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, which sets clear guidelines for the state BOE and local boards of education to approve instructional materials. The substitute further provides that parents will have the opportunity for comment and input at both the state and local levels, all materials will be available for review upon request by a parent, and each local board will designate one employee to serve as the contact person for inquiries. The bill was assigned to the Senate Education and Youth Committee, which passed the bill on March 10. It is now assigned to the Senate Rules Committee.

SB 310 (Sen. William Ligon, 3rd), the Transparency in Education Act, prohibits the implementation of any competitive grant over $20 million pertaining to or affecting Pre-K—12 education until ratified by the Georgia legislature.
Status: The Senate Education and Youth Committee passed a substitute version of the bill, removing the requirement for approval of grants by the legislature and instead requiring that written analyses of the grants be provided to the Senate Education and Youth Committee and House Education Committee 30 days prior to submitting the grant. The Senate passed the bill on Feb. 29, and it is now assigned to the House Education Committee. The Subcommittee on Academic Achievement and Curriculum was scheduled to discuss the bill on March 14.

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HB 229 (Rep. Brian Strickland, 111th) allows grandparents, great-grandparents, or siblings of a minor child to file an action for visitation rights.
Status: The bill was introduced during the 2015 session. The House Juvenile Justice Committee passed it on Feb. 24, 2016, and the House passed the bill on Feb. 29. The Senate Health and Human Services Committee passed an amended version of the bill, which included language from SB 3 (see SB 3 below). HB 229 is now assigned to the Senate Rules Committee.

HB 887 (Rep. Chuck Efstration, 104th) prioritizes placing children with relatives following a termination of parental rights and requires efforts to place siblings together.
Status: The House Juvenile Justice Committee passed a substitute version of the bill, which clarified that priority for placement with relatives is dependent on meeting the DFCS requirement for relative placement and must be in the best interest of the child. The House passed the bill on Feb. 26. The Senate Health and Human Services Committee passed an amended version of the bill, which included language from SB 3 (see SB 3 below). The Senate was scheduled to vote on the amended HB 887 on March 14.

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 House Human Relations and Aging Committee passed the bill on Feb. 22, and the House passed it on Feb. 29. The Senate Health and Human Services Committee passed the bill on March 11, and it is now assigned to the Senate Rules 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 House passed the bill on Feb. 26. The Senate Health and Human Services Committee passed an amended version of the bill, which included language from SB 3 (see SB 3 below). HB 962 is now assigned to the Senate Rules Committee.

HR 1592 (Rep. Valerie Clark, 101st) creates the House Study Committee on Child Care Assistance.
Status: The resolution is assigned to the House Special Rules Committee.

SB 3 (Sen. Renee Unterman, 45th) authorizes a parent or legal custodian to delegate care-giving authority to any adult living in Georgia without court approval, and for that authority to be renewable each year.
Status: During the 2015 session, the Senate passed a substitute version of the bill, which included language that requires the DFCS be notified of the change if there is an open DFCS case on the child. The bill was assigned to the House Judiciary Committee, which took no action in 2015. On March 8, 2016, the committee discussed new changes to the bill that address concerns raised when the bill was originally introduced including limiting power of attorney to one year and clarifying that appointees can be relatives or fictive kin (individuals regarded as part of the family but not related by blood or marriage). The committee is holding the bill for further work on the legal definition of fictive kin. Language from various versions of the bill was also added to House bills 229, 887, and 962.

SB 389 (Sen. Hunter Hill, 6th) creates a cash diversion program that provides eligible Temporary Assistance for Needy Families recipients lump sum cash grants for short-term needs, as well as job or career center referrals in lieu of signing up for a long-term monthly cash assistance program. HB 1006 (Rep. David Clark, 98th) is a related bill that directs the 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 nonminor recipient is limited to a lifetime maximum of 12 months, the lottery corporation is responsible for providing information to the DHS about individuals who claim winnings over $1,000, and penalties are provided for individuals who violate certain requirements.
Status of SB 389: The Senate Health and Human Services Committee passed a substitute version of the bill, which included language from HB 1006, on Feb. 24. The Senate passed the bill on Feb. 29, and it is now assigned to the House Health and Human Services Committee.
Status of HB 1006: The House Health and Human Services Committee did not pass the bill, so it did not meet the Crossover Day cutoff.

SR 1137 (Sen. Butch Miller, 49th) creates the Senate Study Committee on Grandparents Raising Grandchildren and Kinship Care.
Status: The resolution is assigned to the Senate Rules Committee.

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HB 725 (Rep. Wes Cantrell, 22nd) extends the presumption of confidentiality of child abuse records to child advocacy centers. The bill provides for greater confidentiality by requiring a court order before the release of such records, and anyone accessing them must acknowledge that he or she is bound by a protective order if the court authorizes the release.
Status: The House Juvenile Justice Committee passed the bill on Feb. 24, and the House passed it on Feb. 29. The Senate Health and Human Services Committee passed the bill on March 8, and it was scheduled for a Senate vote on March 14.

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 House Ways and Means Committee passed a substitute version of the bill on Feb. 17. While the original bill sought to remove the sunset provision entirely, the substitute version extends the sunset date until June 30, 2021. The House passed the bill on Feb. 22, and the Senate Finance Committee passed it on March 10.

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. The Senate Health and Human Services Committee passed it on March 10, and it is now assigned to the Senate Rules Committee.

HB 770 (Rep. Chuck Efstration, 104th) expands the current definition of sexual servitude to include sexually explicit conduct induced or obtained from individuals with developmental disabilities.
Status: The House passed the bill on Feb. 25, and the Senate Health and Human Services Committee passed it on March 7. The bill is now assigned to the Senate Rules Committee.

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 House Juvenile Justice Committee passed the bill on Feb. 23, and the House passed it on Feb. 29. The Senate Health and Human Services Committee passed it on March 11, and it is now assigned to the Senate Rules Committee.

HB 859 (Rep. Rick Jasperse, 11th), referred to as the Campus Carry Bill, allows students 21 years and older to carry a gun on post-secondary campuses. Students must be licensed gun owners, keep the weapon concealed, and are not allowed in student housing—including fraternity and sorority houses—or at sporting events while armed.
Status: The House passed the bill on Feb. 22, and the Senate passed it on March 11. The bill is now before Gov. Deal. If he does not veto it, the bill will become law on July 1.

HB 874 (Rep. Bert Reeves, 34th) amends the juvenile code to prohibit recruitment of street gang members and increases mandatory minimum sentences for criminal street gang activity.
Status: The House passed the bill on Feb. 25, and it is now assigned to the Senate Judiciary Non-Civil Committee. The committee discussed the bill on March 8. Concerns were raised about creating new mandatory minimum sentences, since recent state policy has moved away from mandatory sentences in favor of judicial decision-making. The committee voted to hold the bill.

HB 905 (Rep. Mandi Ballinger, 23rd) updates guidelines and requirements for local child abuse protocol committees and requires the establishment and maintenance of a central child abuse registry.
Status: The House passed the bill on Feb. 25, and it is now assigned to the Senate Judiciary Non-Civil Committee. The committee heard the bill on March 8 but held it for additional work. The committee was scheduled to discuss the bill again on March 14.

SB 331 (Sen. Bruce Thompson, 14th) amends current law so that causing a child to be conceived as a result of rape is grounds for terminating parental rights in dependency and adoption proceedings and is relevant in legitimation actions. HB 713 (Rep. Brad Raffensberger, 50th) is a similar bill.
Status of SB 331: The Senate passed the bill on Feb. 25, and the House Judiciary Committee passed it on March 10. The bill is now assigned to the House Rules Committee.
Status of HB 713: The House Juvenile Justice Committee passed the bill on Feb. 24. The House Rules Committee did not schedule the bill for a vote on the House floor, so it did not pass by the Crossover Day cutoff.

SB 367 (Sen. John Kennedy, 18th) implements recommendations from the Governor’s Council on Criminal Justice Reform, including several related to juvenile justice. The bill places restrictions on secure detention for youth under age 14, requires schools to use progressive discipline before filing a complaint, puts measures in place to improve fairness in school tribunals, and requires local boards of education and school resource officers to enter into memorandums of understanding to clarify roles and identify differences between delinquent and disciplinary conduct.
Status: The Senate passed the bill on Feb. 25. It is now assigned to the House Judiciary Non-Civil Committee, which was scheduled to hear the bill on March 14.