SB 358 HB 701 HB 770 HB 797 HB 804 HB 845 HB 898

Size: px

Start display at page:

Download "SB 358 HB 701 HB 770 HB 797 HB 804 HB 845 HB 898"

Tobias Tate
5 years ago
Views:

1 This week was nuts. Fraught with crazy parliamentary games, too much fatigue, too many bills to sort out, and too much pre-campaign anxiety, it seemed that what everyone really needed was a good home-cooked meal and a nap. Instead, there was too much togo pizza, slightly testy committee meetings, and language from all sorts of bills moved all over the place. Fasten your seatbelt and welcome to the final days of the 2014 legislative session. To date, the budget conference committee has not officially resolved their differences, and subsequently the FY 2015 budget, which is the only bill the Assembly is required by law to pass, remains un-passed. That means that there may be some pretty hefty bargaining chips on the table for the two legislative bodies to barter with as we approach the finish line. Other pretty interesting legislative activity involved a lot of round-about with SB 350 (foster care reform), HB 875 (guns), SB 167 (school standards/student privacy), SB 397 (autism insurance) and HB 923 (Child Fatality Review Board/record redaction) among others. As for SB 167, the Senate version of the bill is pretty much dead. After the House committee leadership crafted a committee substitute, the Senate sponsor nevertheless preferred to present his own substitute rather than the House version. The sponsor s substitute was then not only tabled, but was then given an extra nail in the coffin with a bona fide Do Not Pass recommendation. There was significant conflict between the House and the Senate over the gun bill (HB 875), with the House originally preferring to allow guns on college campuses and the Senate preferring not to. The Senate amended HB 875 to remove the campus carry language, but then the House amended a different gun bill, SB 60 (which originally allowed retired judges to carry weapons), adding the house language from HB 875 but without the campus carry provision to try to get the Senate to agree to the language. Who knows what will happen.

2 On a similar note, the Senate-approved version of the foster care reform bill (SB 350) was replaced with a House Judiciary committee substitute laying out a far more limited pilot program for foster care reform. The Senate sponsor, who did not approve of the change, subsequently added her own proposed but un-passed substitute for Senate SB 350 to a number of House bills (see below). It would appear, however, that all of the SB 350 maneuvers have been rendered meaningless by the Governor s announcement on Thursday of the creation of a Council on Child Welfare Reform. Modeled after the successful Criminal Justice Reform Council, this council is tasked with a comprehensive review of the Division of Family and Children Services and advising the governor on possible executive agency reforms and legislative fixes if necessary. The autism insurance bill, SB 397, is technically in some non-meeting subcommittee on the House side, which means that at this late date, the House doesn t look like they are going to let it move. As a result, the Senate has amended a few other bills with the 397 language to see if they can get it passed. (see below) And, there is still some monkeying around going on with HB 923, which clarifies child fatality record redaction practices and moves the Child Fatality Review Board to the Georgia Bureau of Investigation. The bill was essentially killed in Senate Health and Human Services Committee this week, but the language was then inserted by the House Rules committee into a Senate bill about military health insurance (SB 291). I could go on and on, but you get the idea. The last few days of session tend to play out as a notoriously tricky and extremely competitive chess match. It is fascinating, but can be exhausting and sometimes flat-out uncomfortable. The General Assembly is in recess on Monday, back in session on Tuesday, out again on Wednesday, and then the last day (Sine Die) falls on Thursday. Since we are so close to the end of things, committee meetings (with the exception of the last few Rules Committee meetings) are pretty much over. That said, please note the Advocacy Asks below for one last hurrah before it is too late!

SB 358 HB 701 HB 770 (Albers-56th) Allows law enforcement to respond to a missing child report filed by a caretaker, governmental unit responsible for the child or person with legal custody of the

3 SB 358 HB 701 HB 770 (Albers-56th) Allows law enforcement to respond to a missing child report filed by a caretaker, governmental unit responsible for the child or person with legal custody of the child. Status: PASSED SENATE. Recommended Do Pass by the House Health and Human Services Committee. (Barr-103rd) Enacts provisions recommended by the Georgia Child Support Commission relating to child support, enforcement of child support orders, definitions used in calculating child support. It clarifies that worksheets and the calculator determine monthly child support figures and provisions relating to gross income and changes the duties of the Georgia Child Support Commission. Status: PASSED HOUSE. Recommended Do Pass by the Senate Judiciary Committee. (Efstration-104th) Makes home invasion with a weapon and with the home occupied a designated felony with a 10 year minimum, life maximum sentence. Status: PASSED HOUSE. PASSED SENATE by substitute and the House agreed to the changes. The bill is now on the Governor s desk. HB 797 HB 804 (Willard-51st) The language of HB 797 was amended onto SB 187 (Hill-32nd). The bill extends the timeframe for adult victims of sexual assault to be considered for victims compensation to three years (from one year) and up to three years after an 18th birthday for a victim who was a minor at the time a sexual assault occurred. Status: SB 187 committee substitute was recommended Do Pass by the House Judiciary Committee. (Lindsey-54th) The court may order a child to testify via closed-circuit television outside of the presence of the person accused, if the court finds that the child is likely to suffer serious psychological or emotional distress as a result of testifying in the presence of the accused. Status: PASSED HOUSE. Recommended Do Pass by the Senate Judiciary Non-Civil Committee. HB 845 HB 898 (Strickland-111th) Prohibits the disclosure of arrest booking photographs unless the person in the photo has been convicted of a crime. Status: PASSED HOUSE. Recommended Do Pass by the Senate Judiciary Non-Civil committee. (Pak-108th) Repeals the Interstate Compact on Juveniles enacted in 1972 and enacts a new Interstate Compact for Juveniles which clarifies the jurisdiction of juvenile courts and social services relative to the jurisdiction of other states. Status: PASSED HOUSE. PASSED SENATE.

4 HB 911 (Ballinger-23rd) Includes strangulation in the list of offenses which are considered aggravated assault. Status: PASSED HOUSE. PASSED SENATE. HB 914 HB 915 HB 923 SB 324 SB 350 SB 364 SB 365 (Wilkerson-38th) School personnel who report suspected child abuse will be notified that the report was received and at the end of the investigation will be notified whether the report of abuse was confirmed or not. Language was added by the Senate Health and Human services Committee from the Senate version of an un-passed substitute to SB 350, which would privatize child welfare services based on a lead agency model. Status: PASSED HOUSE. The Senate Health and Human Services gave a Do Pass recommendation to the Senate committee substitute. (Clark-98th) Allows for consumer security freezes for children under 16 years old. Status: PASSED HOUSE. Recommended Do Pass by the Senate Agriculture and Consumer Affairs Committee. (Coomer-14th) Moves the Child Fatality Review Panel out of the Office of the Child Advocate to the Georgia Bureau of Investigations. The bill also adds a member of the state Board of Education and the Commissioner of Early Care and Learning to the Georgia Child Fatality Review Panel and record redaction practices for children fatalities. PASSED HOUSE. Tabled by the Senate Health and Human Services Committee. The House Rules Committee then moved to add the language from HB 923 to SB 391 (Balfour-9th). (Stone-23rd) Allows Department of Juvenile Justice community-based probation officers to have Peace Officer Standards and Training (POST), and thereby be permitted to participate in the state pension plan. Status: PASSED SENATE. Recommended Do Pass by the House Public Safety and Homeland Security Committee. (Unterman-45th) The Senate version of the bill bids out foster care and casework contracts to private providers overseen by regional lead agencies. Investigative and child protective services would remain under the direction of the Division of Family and Children Services (DFCS). The House Committee Sub amended the bill to implement 3 DFCS-designed pilot programs in DFCS determined areas. Status: PASSED SENATE. Recommended Do Pass by substitute by the House Judiciary Committee. (Stone-23rd) Revises and corrects errors or omissions to the Juvenile Code (which was passed last session as HB 242). This bill furthers the work of the Georgia Council on Criminal Justice Reform. Status: PASSED SENATE. Recommended Do Pass by the House Juvenile Justice Committee. (Stone-23rd) Cleans up and clarifies language regarding permanency planning for foster children in the care of the Department of Juvenile Justice. The bill also addresses recommendations made by the Council on Criminal Justice Reform for adult ex-offender re-entry into society after incarceration. Status: PASSED SENATE. Recommended Do Pass by the House Juvenile Justice Committee.

HR 1052 HB 654 SR 973 HR 1723 (Coomer-14th) Creates the offense of murder in the second degree, which happens when a person causes the death of another human being irrespective of malice, during the

5 HR 1052 HB 654 SR 973 HR 1723 (Coomer-14th) Creates the offense of murder in the second degree, which happens when a person causes the death of another human being irrespective of malice, during the commission of cruelty to children in the second degree. Murder in the second degree is punishable by imprisonment for 10 to 30 years. Status: PASSED HOUSE. Recommended Do Pass by the Senate Judiciary Non-Civil Committee. (Oliver-82nd) Adds process and timeline for notifying family members of the nomination of a testamentary guardian, and lays out a process for objection to the nomination by certain family members. (For a definition of testamentary guardian, click here) Status: PASSED HOUSE. Given a Do Pass recommendation by the Senate Judiciary Committee. (Tate-38th) Creates a Senate Child Protection Study Committee with 3 members appointed by the President of the Senate and three members appointed by the Senate Minority Leader. Status: Recommended Do Pass by the Senate Health and Human Service Committee. (Welch-110th) Creates the House Study Committee on Licensing and Inspection of Child Welfare Providers which will review Georgia s existing licensing, inspection, and placement processes for public and private child welfare providers. Status: Recommended Do Pass by the House Juvenile Justice Committee HB 251 HB 707 (Powell-32nd) Makes it unlawful to sell alternative nicotine or vapor products (containing nicotine) to minors. Status: PASSED HOUSE. Recommended Do Pass by the Senate Health and Human Services Committee. (Spencer-180th) Prevents any powers, assets, employees, agents, or contractors of the state, including any state agency or part of the University System of Georgia or any political subdivision, municipality, or other local government authority from assisting in implementing the federal Patient Protection and Affordable Care Act of 2010 or any subsequent federal amendment to it. Status: PASSED HOUSE. Recommended Do Pass by the Senate Insurance and Labor Committee. The bill language was also amended on the House Floor to SB 292 (Unterman-45th), which establishes an Alzheimer s Disease Registry in the Department of Public Health.

6 HB 772 HB 875 HB 885 HB 998 HB 990 SR 869 (Morris-156th) Requires drug testing for applicants for Temporary Assistance for Needy Families (TANF) and food stamps (SNAP). Dependent children under 18 Years old are exempt. The bill would require testing at any time a reasonable suspicion (e.g. demeanor, missed appointments and arrest, termination from employment due to unlawful drug use, etc.) exists that an applicant or recipient is using an illegal drug. Status: PASSED HOUSE. Recommended Do Pass by the Senate Health and Human Services Committee. (Jasperse-11th) Safe Carry Protection Act removes restrictions on guns in churches and bars. School boards may arm employees. Honorably discharged military veterans under 21 years old can carry a concealed weapon. A person caught with a gun on campus cannot be arrested but can be fined a maximum of $100. Status: PASSED HOUSE. The Senate Judiciary Non-Civil Committee recommended Do Pass of a committee substitute (which removed the campus carry provision, among other things). Additionally, the House amended SB 60 (which originally allowed retired judges to carry weapons), adding the house language from HB 875 but without the campus carry provision to try to get the Senate to agree to the language. No decision has been made on this attempt (Peake-141st) Allows research of medical cannabis by academic medical centers for the treatment of cancer, glaucoma and seizure disorders (especially in children). The Senate Health and Human Service committee amended the bill adding the language from the autism insurance bill, SB 397 (Golden-8th). (See below) Status: PASSED HOUSE. The Committee substitute was recommended Do Pass by Senate Health and Human Services Committee. (Hatchett-150th) The Georgia Composite Medical Board (GCMB) pays medical school fees for approved medical students who choose to work in rural and underserved areas of the state, provided that they complete their contract to work in those areas and provided that they ultimately receive licensure from the GCMB. Status: PASSED HOUSE. PASSED SENATE. (Jones-47th) Prohibits the expansion of Medicaid eligibility through an increase in the income threshold without prior legislative approval. Language was added by the Senate Health and Human services Committee from the Senate version of an un-passed substitute to SB 350, which would privatize child welfare services based on a lead agency model. Status: PASSED HOUSE. The Senate Health and Human Services gave a Do Pass recommendation to the Senate committee substitute. (McKoon-29th) Creates the Senate Study Committee on the Rate of Diagnosis for Children With Attention Deficit Hyperactivity Disorder and Related Disorders. Status: Recommended Do Pass by the Senate Health and Human Services Committee

SB 397 (Golden-8th) Requires individual insurance providers to cover autism for children 6 and under unless the plan is provided by an employer with 10 or fewer employees.

7 SB 397 (Golden-8th) Requires individual insurance providers to cover autism for children 6 and under unless the plan is provided by an employer with 10 or fewer employees. There is a $35,000 per child per year cap for services, but no cap on the number of visits permitted. This does not apply to the Qualified Health Plans marketed on the Georgia health insurance exchange. Status: PASSED SENATE. The House Insurance Committee has assigned it to a subcommittee which has yet to schedule a meeting. That means that the bill, as its own piece of legislation, is essentially dead. The language has been added to other bills namely HB 885 (Medical marijuana) and HB 943 (Cancer Treatment Fairness Act) however by various Senate committees. HB 943 has, in fact, PASSED SENATE, and now must be assessed by the House and agreed to if it is to proceed to the Governor s desk. SB 167 HB 714 HB 766 (Ligon-3rd) The Restore Educational Authority to Georgia Citizens Act and the Student Right to Privacy Act which refers to content standards and requires a lengthy process for reviewing standards via a Content Standards Advisory Council which will make recommendations to the state Board of Education. The bill requires hearings and public input prior to adoption of state-wide competencies and content standards, limits the compilation and sharing of personal student and teacher data, prohibits the expenditure of funds for a state-wide longitudinal data system except for administrative needs and federal grant compliance. Status: PASSED SENATE. Recommended Do Not Pass by the House Education Committee. (Hamilton-24th) Denies unemployment benefits for school district classified employees, (e.g. custodians, food service, bus drivers, etc.) not working during vacation periods (including the summer). The exclusion also covers contracted (out-sourced) employees. This bill affects not only outsourced public school workers, but those in private daycare settings who might file for benefits during vacation periods. Status: PASSED HOUSE. Recommended Do Pass by the Senate Insurance and Labor Committee and actually made it to the Senate floor, only to be tabled this past Thursday. The bill can still be removed from the table and have a floor vote if the Senate decides to do that. (Lumsden-12th) and SB 329 (Wilkinson-50th) Work Based Learning Act. Changes the Youth Apprenticeship Program with the goal of increasing the number of students and employers in the work based learning programs. Status: HB 766 PASSED HOUSE and PASSED SENATE by substitute. The House agreed to the substitute so the bill is now on the Governor s desk for his consideration. That means that SB 329 is now moot.

8 HB 810 (Chandler-105th) Changes the score needed on a standardized college admission test (such as the ACT or SAT) to receive a HOPE scholarship from 85th%ile to 80th%ile for home-schooled students. Status: PASSED HOUSE. Recommended Do Pass by the Senate Education and Youth Committee. HB 886 (Caldwell-20th) Requires that for each elementary and secondary school budget, each board of education and charter school will hold two hearings. Status: PASSED HOUSE. Recommended Do Pass by the Senate Education and Youth Committee. HB 897 SB 343 (Dudgeon-25th) Updates the Education segment of the Georgia code with an eye towards State mandated content standards as opposed to Quality Basic Education curriculum. The House version addresses some rules pertaining to charter school funding and the sale of public school facilities to system approved charter schools. The Senate Education and Youth committee, however, removed much of the charter school language, among other things. The House Rules Committee then amended SB 343 (see below) to include the language of the House version HB 897, but it has not made it to the House floor yet. Status: PASSED HOUSE. The Senate Education and Youth Committee recommended Do Pass to their committee substitute. (Mullis-53rd) The Senate passed version establishes how high school athletic association governing boards shall be chosen, requires distribution of financial information, and establishes a legislative oversight committee. The House Rules version contains the language from the House-passed HB 897. Status: PASSED SENATE. The Rules Committee substitute is currently in the House Rules Committee.

House or Senate floor for a vote this week. The Why: Once a bill has passed out of its subject matter committee (such as Education or Health and Human Services, etc.

9 The Ask : Choose one (or more!) of the bills below which you support and contact (phone calls work best, but s are fine also) the members of the appropriate Rules committee (noted below) and ask them to put the bill on the House or Senate floor for a vote this week. The Why: Once a bill has passed out of its subject matter committee (such as Education or Health and Human Services, etc.), the Rules Committee of each chamber determines which bills go to the chamber floor for a vote. There are only 2 Legislative Days left for action, so please call quickly! The Message: [PICK ONE and use the associated link for contact information] Hi My name is and I am asking you to please get HB 804 to the Senate floor for a vote this week. This bill makes it possible for a judge to allow a child under 16 to testify via closed-circuit television outside of the presence of the person accused. Children can be extremely susceptible to adverse experiences and we need our courts to function in ways that do not inflict further trauma on our young witnesses. Please support this legislation. Thank you for your consideration and for all you do for Georgia. CONTACT: Senate Rules Committee. Hi My name is and I am asking you to please get SB 364 to the House floor for a vote this week. This bill revises and corrects errors or omissions to the Juvenile Code (which was passed last session as HB 242). This bill furthers the work of the Georgia Council on Criminal Justice Reform. Passage of this clean up legislation will help allow implementation of the new juvenile code to continue in a way that helps courts and kids. Thank you for your consideration and for all you do for Georgia. CONTACT: House Rules Committee. 2 Minute Advocacy Ask for the Week

10 Bonus Advocacy Ask! The Ask : Contact Governor Deal and thank him for creating the Child Welfare Reform Council. The Why: This past Thursday, Governor Deal announced his plans to create the Child Welfare Reform Council as part of a major step to improve Georgia s welfare system and better protect our most vulnerable citizens. Modeled after the successful Criminal Justice Reform Council, this council will complete a comprehensive review of the Division of Family and Children Services and advise about possible executive agency reforms and legislative fixes. The Message: Thank you for your leadership in taking such a thoughtful step forward on this issue. Reforms in child welfare will move us toward improving the lives of Georgia s most vulnerable children. CONTACT: (Click here to send a thank you)

GUCA. Legislative Update for the Week of February 23-February 27, 2015

GUCA. Legislative Update for the Week of February 23-February 27, 2015 GUCA Legislative Update for the Week of February 23-February 27, 2015 The inclement weather that affected those living in the northern part of the state only caused minor delays for the General Assembly