2016 Session Wrap-Up
Print This PostMay 3 was the last day for Gov. Nathan Deal to sign or veto legislation passed during the 2016 session. Bills passed by the General Assembly that were neither signed nor vetoed by Deal automatically became new laws that will go into effect upon the date stipulated by the bill or on July 1, 2016 if a date is not specified.
Because the 2016 session was the second of a two-year session, bills that did not become law are not eligible to be passed in 2017. While bills can be reintroduced in upcoming sessions, they must start over at the beginning of the legislative process and will be assigned a new bill number.
Deal ultimately vetoed 16 bills, including HB 859 (Rep. Rick Jasperse, 11th), the Campus Carry Bill, as well as others related to education. Among the legislation signed by Deal were SB 367 (Sen. John Kennedy, 18th), this year’s criminal justice reform bill, and some that address child welfare and kinship care.
Campus Carry
Deal’s veto of HB 859 came after weeks of speculation by the media and much input from advocates on both sides of the issue. In a lengthy veto statement (Veto No. 9), Deal detailed his reasons for rejecting the bill, explaining that “from the early days of our nation and state, colleges have been treated as sanctuaries of learning where firearms have not been allowed. To depart from such time-honored protections should require overwhelming justification. I do not find that such justification exists.”
Deal also acknowledged the concerns of those who feel colleges are not providing adequate security on campus, and he issued an executive order directing the commissioner of the Technical College System of Georgia and the chancellor of the University System of Georgia to submit a report by Aug. 1, 2016, on the security measures colleges within their respective systems have in place.
Criminal Justice Reform
Based on recommendations from the Georgia Council on Criminal Justice Reform, SB 367 was sponsored and signed by Deal. The legislation provides for new comprehensive reforms to the adult correctional and juvenile justice systems and to the Georgia Prisoner Reentry Initiative.
During a press conference, Deal said SB 367 builds on his previous criminal justice reform initiatives. He emphasized the goals of addressing the “school-to-prison pipeline” by diverting children from unnecessary placement in youth detention centers, reducing recidivism rates, ensuring safer communities, expanding Georgia’s accountability court system, and increasing the number of former offenders returning to the workforce.
Highlights from SB 367 include:
- restricting secure detention for youth under age 14, except for those charged with serious offenses where a clear public safety issue exists,
- adjusting public school disruption law so students are handled through the disciplinary process rather than sent to a youth detention facility,
- removing the lifetime ban on food stamp eligibility after a felony drug conviction, subject to the successful completion of their sentence and probation, and
- furthering last year’s executive order “banning the box” for most state government jobs, now expanding to licensure applications.
Education
The original version of HB 659 (Rep. Dave Belton, 112th) required the posting of school district financial information. In his veto statement (Veto No. 6), Deal explained the version of HB 659 that ultimately passed contained language from SB 374 (Sen. Lindsey Tippins, 37th) authorizing a pilot program that would allow a few school systems to spend and report all funding from state, local, and federal sources in a consolidated manner. While Deal supports consolidated spending, he said consolidated reporting lacks transparency.
The final version of HB 659 also included language from SB 357 (Sen. Michael Williams, 27th) and SB 310 (Sen. William Ligon, 3rd). The language from SB 357 would have expanded the focus of school board members beyond ensuring students receive quality education to include representation of parents’ and other constituents’ interests. The language from SB 310 required state agencies applying for education grants over $20 million to provide the House and Senate education committees with information about unfunded costs, the purpose and requirements of the grant, and policy directives associated with the grant.
HB 959 (Rep. Beth Beskin, 54th) was introduced as this session’s Title 20 “cleanup bill”—the annual bill that makes minor changes to Title 20, the part of Georgia’s code that deals with education. In his veto statement (Veto No. 11), Deal explained that he vetoed HB 959 because language from SB 329 (Sen. Lindsey Tippins, 37th) was added to the final version of the bill. Deal also vetoed SB 329, which passed as a stand-alone bill (Veto No. 14). SB 329 allowed students who earn their high school diploma through dual enrollment in a technical college to qualify for the HOPE Scholarship without completing courses required of high school students qualifying for HOPE such as advanced math, science, and foreign language.
Deal also vetoed SB 355 (Sen. William Ligon, 3rd), which would have allowed students to opt out of state-mandated testing and assessments and clarified that there could be no punitive actions taken against these students (Veto No. 15). Deal said local school systems already have the flexibility to determine opt-out procedures for students who cannot, or choose not to, take such assessments.
Kinship Care and Child Welfare Reform
More than 10 kinship care bills were introduced during the 2016 session. Additionally, there were a few child welfare related bills that contained kinship care provisions.
HB 887 (Rep. Chuck Efstration, 104th) prioritizes placing children with relatives upon a child being placed into protective custody and following a termination of parental rights. The bill also requires efforts to place siblings together and clarifies that the priority of placing a child with relatives must still meet the Division of Family and Children Services’ (DFCS) requirement for relative placement and must be in the best interest of the child.
Prior to the final passage of HB 887, language from SB 3 (Sen. Renee Unterman, 45th) was added to the bill. As originally introduced in 2015, SB 3 authorized a parent or legal custodian to delegate caregiving authority to any adult living in Georgia without court approval. Amended SB 3 language added to HB 887 limits power of attorney to one year and clarifies that appointees can be relatives or fictive kin (individuals regarded as part of the family, but not related by blood or marriage).
Although Deal signed HB 887, he signed SB 64 (Sen. Chuck Hufstetler, 52nd) afterwards. SB 64 updates law on legitimation of paternity, allowing biological fathers custody and visitation rights by filing in court for legitimation. Language added to SB 64 also repeals SB 3. Because Deal signed SB 64 after HB 887, language in SB 64 takes precedence and becomes the governing law. Both SB 64 and the non-affected language from HB 887 will go into effect on July 1, 2016.
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. The bill also adds child endangerment to the definition of child abuse. Language from HB 915 (Rep. Andy Welch, 110th) was added to the bill prior to passage, 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 the Georgia Department of Human Services to develop a public scorecard to grade child welfare agencies. HB 905 will become effective July 1, 2016, with the exception of the part of the bill addressing the public scorecard, which will go into effect March 1, 2017.
Budget News
Deal signed the FY17 budget with one veto and five instructions to disregard language in the budget. Only two of the governor’s changes were related to children and families.
Deal gave instructions to disregard line 2648, section 31, which pertains to the Department of Juvenile Justice and stated: “develop a plan to address the closure of Gwinnett Regional Youth Detention Center, that includes cooperative construction of a juvenile justice facility incorporating recommendations of HB 242…” HB 242 was the comprehensive juvenile justice reform legislation passed in 2013.
Deal also said to disregard line 4309, section 50, which pertains to the Georgia General Obligation Debt Sinking Fund and gives specific instructions regarding the use of $860,000 in bonds for the Department of Juvenile Justice (DJJ). Disregarding the language means DJJ can use the funds without restrictions.
Legislation
Here are the bills and resolutions tracked by Georgia Family Connection Partnership (GaFCP) during the 2016 session that the General Assembly passed and the governor signed. For a comprehensive list of bills tracked by GaFCP this session, visit the 2016 Legislation page.
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, and the House agreed with the Senate version. Deal signed the bill, and it will become effective July 1, 2016.
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 9 p.m. and from 9 p.m. until 11:59 p.m. if use complies with a local noise ordinance. 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 current law that went into effect in 2015, fireworks could be used until 2 a.m. throughout the year.
Status: The Senate added language from SB 369 (Sen. Jeff Mullis, 53rd) that further defines the sale of fireworks. Language was also added from HB 970 (Rep. Eddie Lumsden, 12th) that outlines uniform minimum standards for the employment and training of firefighters. The governor signed the bill, and it became effective on April 26, 2016.
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 governor signed the bill, and it will become effective July 1, 2016.
HB 614 (Rep. Valencia Stovall, 74th), the Landon Dunson Act, creates a pilot program for placing video monitoring cameras and equipment in self-contained classrooms that provide special education services. Participating schools must provide prior notice of the cameras to parents or guardians of each student in the classroom. The Department of Education is authorized to approve local schools for participation, and a local school system or school may agree to participate at its sole discretion.
Status: The governor signed the bill, and it will become effective July 1, 2016.
HB 739 (Rep. Kevin Tanner, 9th) requires the state Board of Education (BOE) and local BOEs to establish procedures that provide an opportunity for public comment and parental input prior to the adoption of any proposed instructional materials and content. 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.
Status: The governor signed the bill, and it will become effective July 1, 2016.
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 governor signed the bill, and it will become effective July 1, 2016.
HB 768 (Rep. Lee Hawkins, 27th) establishes a qualified Achieving a Better Life Experience (ABLE) program in Georgia, that allows eligible individuals to contribute to tax-exempt accounts to pay for qualified expenses related to significant disabilities with onset before age 26. Individuals may have only one ABLE account, and total annual contributions may not exceed $14,000.
Status: The governor signed the bill, and it became effective on May 3, 2016.
HB 887 (Rep. Chuck Efstration, 104th) prioritizes placing children with relatives upon the child being taken into protective custody, following or at disposition of a protective hearing, and following termination of parental rights. The bill also requires efforts to place siblings together and clarifies that the priority of placing a child with relatives must still meet the DFCS requirement for relative placement and must be in the best interest of the child.
Status: The governor signed the bill, and it will become effective July 1, 2016.
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: Although HB 934 did not pass, language from the bill was added to HB 962 (Rep. Stacey Abrams, 89th), which did pass. See HB 962 below.
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: Language from HB 934 (Rep. Tom Kirby, 114th) was added to the bill prior to its final passage that 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. Language was also added to HB 962 from SB 337 (Sen. Larry Walker, 20th), which addresses military service members’ eligibility for medical assistance benefits. The governor signed the bill, and it will become effective July 1, 2016.
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 governor signed the bill, and it will become effective July 1, 2016.
HB 763 (Rep. Penny Houston, 170th) extends the sunset provision for the sales tax exemption currently provided for food sales to food banks until 2021.
Status: The governor signed the bill, and it will become effective July 1, 2016.
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 governor signed the bill, and it will become effective July 1, 2016.
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 governor signed the bill, and it will become effective July 1, 2016.
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. The bill also changes the classification of terroristic threat from a felony to a misdemeanor unless it’s a death threat, but increases the minimum sentence for a terroristic threat done as retaliation or with intimidation of witnesses.
Status: The governor signed the bill, and it became effective on May 3, 2016, with the exception of language related to the Commissioner of Corrections’ authorization to issue warrants for an offender who escapes from custody, which will become effective July 1, 2016.
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. The bill also adds child endangerment to the definition of child abuse.
Status: Language from HB 915 (Rep. Andrew Welch, 110th) was added to the bill prior to passage, 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 governor signed the bill, and it will become effective July 1, 2016, with the exception of the part dealing with the scorecard for child welfare agencies, which will become effective March 1, 2017.
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.
Status: The governor signed the bill, and it will become effective July 1, 2016.
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 BOEs and school resource officers to enter into memorandums of understanding to clarify roles and identify differences between delinquent and disciplinary conduct.
Status: The governor signed the bill, and it will become effective July 1, 2016, with the exception of Part IX of the act. Part IX addresses when and how certain drug offenders become eligible for parole and went into effect April 27, 2016.