Gov. Deal States Concerns with Campus Carry Bill, FY17 Budget Yet to Pass as Final Day Approaches

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After today, only one legislative day remains in the 2016 session of the Georgia General Assembly, and legislators are still working to pass the FY17 budget. Leaders from both chambers are also in negotiations to get House bills passed in the Senate, and Senate bills passed in the House.

As previously reported, the Senate passed HB 859 (Rep. Rick Jasperse, 11th), the Campus Carry legislation, on March 11. The bill is now before Gov. Nathan Deal, who can sign the bill or do nothing, which will make it law, or veto it. On March 14, Deal released a statement expressing concerns about how the bill will affect dually enrolled high-school students and daycare centers on postsecondary campuses. In his statement, Deal encouraged legislators to address these concerns in related legislation.

Schedule

Legislators completed 38 of 40 legislative days last week. Today is legislative day 39, and Sine Die—the final day—is scheduled for Thursday, March 24.

Budget News

The joint conference committee appointed to resolve differences between the House and Senate versions of the FY17 budget held its first meeting on March 14. The final version was expected to be released as early as March 22.

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 Senate passed the substitute version of the bill on March 15. The bill is now back in the House, which must agree with the changes made by the Senate for it to become final.

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. The Senate passed the bill on March 15. The bill is now back in the House, which must agree with the changes made by the Senate for it to become final.
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. The original language from SB 369 was added to HB 727, and the House passed a substitute version of SB 369 on March 16 that grants the City of Atlanta authority to levy a retail sales tax to fund MARTA.

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 the Senate passed it on March 15. The bill is now before Gov. Deal.

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HB 739 (Rep. Kevin Tanner, 9th) requires the State Board of Education (BOE) 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. The Senate passed it on March 15, and it is now before Gov. Deal.

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. The House Education Committee passed it on March 15, and it is now assigned to the House Rules Committee.

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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). The Senate passed the amended version on March 16. The bill is now back in the House, which must agree to the Senate version for it to become final. If the House disagrees with the Senate changes, a joint conference committee can be appointed to address the differences.

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 Division of Family and Children Services (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 passed the amended HB 887 on March 14. The bill is now back in the House, which must agree to the Senate version for it to become final. If the House disagrees with the Senate changes, a joint conference committee can be appointed to address the differences.

HB 934 (Rep. Tom Kirby, 114th) authorizes the Department of Human Services (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 14, 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). The Senate passed HB 962 on March 16. The bill is now back in the House, which must agree to the Senate version for it to become final. If the House disagrees with the Senate changes, a joint conference committee can be appointed to address the differences.

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). Language from the Senate version of SB 3 was also added to House bills 229, 887, and 962, and those bills were passed by the Senate.

SB 389 (Sen. Hunter Hill, 6th) creates a cash diversion program that provides eligible Temporary Assistance for Needy Families (TANF) 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. The bill limits lifetime eligibility from 48 months to 36 months, creates legal sanctions for non-compliance of TANF requirements and expands the verification process for TANF eligibility. 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 non-minor 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 the House Health and Human Services Committee passed a substitute version of the bill on March 15 that reduces lifetime TANF eligibility from 48 to 36 months. The House is expected to vote on SB 389 on March 22.
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.

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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 the Senate passed it on March 14. The bill is now before Gov. Deal.

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 the Senate passed it on March 16. The bill is now before Gov. Deal.

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 Senate passed it on March 16, and it is now before Gov. Deal.

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 the Senate passed it on March 16. It is now back in the House for agreement. HB 874 (Rep. Bert Reeves, 34th) amends the juvenile code to prohibit

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 was assigned to the Senate Judiciary Non-Civil Committee, which 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. After further work on the bill, the Senate Judiciary Non- Civil Committee passed it on March 14. It is now assigned to the Senate Rules Committee.

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, which heard the bill on March 8 but held it for additional work. The committee amended the bill by adding language from HB 915 (Rep. Andrew Welch, 110th), which 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. The Senate Judiciary Non-Civil Committee passed HB 905 as amended on March 14, and it is now assigned to the Senate Rules Committee.

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 House passed it on March 16, and it is now back in the Senate for agreement.
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. The House Judiciary Non-Civil Committee passed it on March 14, and the House passed it on March 16. The bill is now back in the Senate for agreement.