February 20, 2019
Legislators took advantage of a cold and rainy day in Atlanta to stay indoors and warm themselves with vigorous debate of bills and resolutions on the House and Senate floors and in a myriad of committee meetings. Indeed, the full chambers took up weighty legislation dealing with dedication of state funds to the purposes for which they were collected and dyslexia screening for children in grades K-3. House and Senate members then fled to meeting rooms throughout the State Capitol and Coverdell Legislative Office Building to chop more wood to stoke fires in their respective Rules Committees and, ultimately, their entire chambers. Catch up on those we tracked in today’s #GoldDomeReport.
In this Report:
House Moves to Allow Dedication of Fee and Tax Collections
The House voted today to allow Georgia voters to decide whether legislators should be able to require that fees and taxes collected by the State for a specific purpose be allocated only for that purpose. HR 164, authored by Rep. Jay Powell (R-Camilla), proposes a Constitutional Amendment that would allow the General Assembly to do just that, granting a power that many do not realize the legislature lacks. In his presentation to the House, Rep. Powell noted a number of fees being collected now which are not going fully towards their purpose, like the Hazardous Waste Trust Fund and Solid Waste Trust Fund. Rep. Mary Margaret Oliver (D-Decatur) inquired if it would reinstate the Children’s Trust Fund and its fees (former Governor Perdue eliminated the Children’s Trust Fund (which received fees from sales of marriage licenses), but Rep. Powell said no. Rep. Andy Welch (R-McDonough) rose to support Rep. Powell indicating that the Amendment to the Constitution was necessary to get the fees to their intended purpose. The House adopted the proposal 169-1, and it moves on to the Senate for further consideration.
Senate Approves Dyslexia Bill
The Senate voted today to create a pilot program for dyslexia testing in public elementary schools. SB 48, authored by Sen. P.K. Martin fulfilled the recommendations from the Senate Study Committee on Dyslexia chaired by former Senator Fran Millar, who watched the vote from the floor of the Senate chamber today. Sen. Martin explained that during the committee process it was decided to limit the scope of the bill to a pilot program rather than statewide implementation. Multiple Senators expressed their support for the legislation, stating the positive effect it would have on the state’s youth and telling personal stories of their experiences with dyslexia. Sen. Bill Heath (R-Bremen) proposed a non-friendly amendment to limit the scope of testing to dyslexia and three other related conditions. The amendment failed by a vote of 48-6. The bill received final passage in the Senate by a vote of 55-0. It now moves to the House for further consideration.
House Retirement Committee Unveils Substitute TRS Bill
Yesterday afternoon, the House Retirement Committee, chaired by Rep. Tommy Benton (R-Jefferson), met to hold its second hearing on the Chairman’s bill adjusting the Teacher Retirement System pension program. HB 109 makes several amendments to TRS for new members that join the pension program on or after July 1, 2019. In its original form, the bill limited earnable compensation for purposes of TRS to $200,000 per year, redefined “average final compensation” from an average of a member’s highest two years of compensation to the average of a members highest five years of compensation (and created a limit of two raises in such calculation during that period), and amended the allowable employee contribution floor and ceiling from 5-6% to 6-10%. The bill also instituted a minimum retirement age of 60 and removes the ability to use unused sick leave for creditable service.
Chairman Benton unveiled a substitute to his bill that makes several changes to the original proposal. Specifically, the substitute changes the allowable employee contribution floor and ceiling from 6-10% in the original bill to 5-9%, and instead of a minimum retirement age of 60, the substitute uses the “rule of 85” that allows retirement once a member’s age and years of service equals or exceeds 85. The substitute maintains the other provisions of the original bill. The Committee only heard testimony in this second meeting, reserving a vote for a later date.
Committee Updates
House Appropriations Committee -- Education Subcommittee
The Education Subcommittee of the House Appropriations Committee, chaired by Rep. Robert Dickey (R-Musella), met this morning to hear public testimony on the FY 2020 Budget. Speakers included:
House Education Committee — Academic Innovation Subcommittee
The Academic Innovation Subcommittee of the House Education Committee, chaired by Rep. Dave Belton (R-Buckhead), met to hear two bills today:
House Appropriations Committee
Chairman Terry England (R-Auburn) and his Committee took up one proposal in a late afternoon meeting, HB 321. This legislation is from the Governor’s office and was presented by Floor Leader Jodi Lott (R-Evans). This bill is an extension of time for the State’s hospital Medicaid financing program in O.C.G.A. 31-8-179.6, which is overseen by the Department of Community Health. Presently, the program stands to be repealed on June 30, 2020 and this change extends the program to June 30, 2025. Further, it gives the Department of Community Health the authority for its oversight. Leader Lott explained that the financing program is critical to Medicaid as it generates $311 million and an additional $657 million is drawn down in federal funding. Thus, if Georgia did not renew this law, it could be a potential $1 billion hole in the State’s budget which would cause a detrimental effect on Medicaid beneficiaries and providers who serve them. The Committee had no questions and gave HB 321 a DO PASS recommendation, moving the bill to the House Rules Committee.
House Insurance Committee
The House Insurance Committee, chaired by Rep. Richard Smith (R-Columbus), met to consider three bills today. The Committee passed HB 310, a proposition by Rep. Greg Morris (R-Vidalia) relating to autism, and HB 99, Chairman Smith’s Insurance Code cleanup bill. After intense questioning and a Committee interest in changing the arbitration provisions to mediation provisions, the Chair agreed to hold his HB 84 until next week so the arbitration provisions can be properly amended. This bill concerns surprise billing issues and provides for public disclosures of facts relating to out of network providers’ involvement in elective procedures in hospitals and surgery centers and estimates of the cost of services to patients. The Medical Association of Georgia did pitch its position that disputes about balanced billing in emergency situations should have a default price based on the Fair Health database.
House Higher Education Committee
Following through on his promise for an expedited meeting, Chairman Chuck Martin (R-Alpharetta) briefly addressed the committee, explaining that the committee would take action on HB 42, which amends multiple Titles to prevent professional licensing boards from refusing to issue a license or suspending or revoking a license of a person who is in default of an educational loan issued through the Georgia Higher Education Assistance Corporation or through a federal agency. With no discussion from the committee members, and no public comment, the bill received a unanimous DO PASS recommendation.
House Budget and Fiscal Affairs Committee
The House Budget and Fiscal Affairs Committee, chaired by Rep. Lee Hawkins (R-Gainesville) met to take up one bill today. HB 197, authored by Rep. Katie Dempsey (R-Rome), relates to a Strategic Integrated Data System. A new version of the legislation was presented in which the name of this system is changed to the “Georgia Data Analytics Center.” With Rep. Dempsey today was DFCS Director Tom Rawlings who also spoke in favor of the proposal. This legislation is an attempt to break down silos in state government and provide real time data and information. Rep. Dempsey explained that such information is important for the Governor as well as the General Assembly, in addition to agencies. It will allow cross-agency and program information and have a repository for data reported. The oversight for this new Center will be housed in the Governor’s Office of Planning and Budget. The bill contains definitions, project description, oversight, authorization to allow the AG to review, a reporting mechanism, and options for funding to make the Center viable. The legislation is the culmination of a number of discussions with the Office of Planning and Budget with input from the AG. The information can outline performance and cost metrics so as to inform the Governor and lawmakers about the success of a program or agency’s (e.g. loss or gain). Director Rawlings pointed that the legislation could help determine data and how it could be integrated to triage complaints that DFCS receives (they get 140,000 annually on child abuse) and better ways to respond in a more sophisticated way. He also described that the Center would allow a mechanism to look at costs to serve individuals across agencies (for instance looking at Departments of Behavioral Health and Developmental Disabilities and Department of Education (such as a child’s IEP) and to correlate the data to get the right services to fill the needs of a child. In the long run, he feels that this new system will allow agencies in Georgia to serve Georgians better and save funds. There were some inquiries such as around “control” of the data;” protections of privacy; other states’ efforts around similar measures (which Rawlings indicated would permit Georgia to align its work between agencies and that’s been done elsewhere); tracking of certain problems (such as HIV cases); discretion over use of the data. The bill (LC 37 7770S) received a DO PASS recommendation and moves to the House Rules Committee.
House Juvenile Justice Committee
Chairman Mandi Ballinger (R-Canton) and her Committee discussed two proposals:
Senate Public Safety and Homeland Security Committee
Chairman John Albers (R-Roswell) presented a new version to SB 15, the “Keeping Georgia’s Schools Safe Act.” The proposal was yet another version of the legislation. This legislation is a part of a package on school safety and security measures and the result of discussions from a Senate Study Committee which met over the summer and fall of 2018. The legislation has a number of components, including:
There were several who testified about the “unintended consequences” that the legislation potentially creates. Those who talked included representatives from a parent. SB 15 received a DO PASS recommendation and moves to the Senate Rules Committee.
Senate Education and Youth Committee
Chairman P.K.Martin (R-Lawrenceville) began by calling on Sen. Freddie Powell Sims to introduce SB 68 which amends Title 20 to strengthen provisions for the training of local boards of education members and local school superintendents in financial management of school districts. She made sure to note that the legislation’s intention is not to punish any entity but rather to ensure that funds are spent correctly, especially in high-risk districts. Because the committee had previously heard the bill, Chairman Martin entertained a motion DO PASS from Sen. Lindsey Tippins (R-Marietta) which passed unanimously.
Sen. Steve Henson (D-Stone Mountain) presented SB 85 that amends Title 20 to establish an early child care scholarship program. The bill outlines that the scholarship should be in the amount of monthly payments that exceed seven percent of the family's income. The bill gives authority to the Department of Early Care and Learning to establish the maximum amount for eligible monthly payments. Sen. Henson walked the Committee through the bill and gave insight into specific provisions including the qualifications for the scholarship. He noted that he is not seeking a vote and is currently in the early stages of developing the policy. He indicated the key provision of the bill comes from the funding mechanism which must go through the legislative appropriations process before the Department of Education can begin paying out scholarship awards. The estimated cost of the fully funded program is around $350 million according to the budget office.
Sen. Jesse Stone (R-Waynesboro) had a series of questions. First he inquired if the scholarship would be limited to child care with an educational component. Sen. Henson indicated that DECAL would have the ability to create their own guidelines. Sen. Stone then asked why the qualifications required a two-month average of childcare costs. Sen. Henson explained this provision is to ensure the recipient has shown sufficient need. Sen. Stone then asked about the economic benefit of a parent staying home to care for their child as opposed to entering the workforce. Sen. Henson responded that there is currently an economic loss from this phenomenon and the bill attempts to address this issue. Sen. Lindsey Tippins asked if Sen. Henson has consulted DECAL about the bill. Sen. Henson indicated that he has not had an extended dialogue with the department. The Committee took no action on the bill, at the author’s request.
Mandy Binderman, Executive Director of GEEARS, gave testimony urging the Senate to help raise awareness for the CAPS program to further increase the number of families that can afford childcare.
Zach Fields, from the Construction Education Foundation of GA, gave the committee an update on the results of SB 3 from the previous session. The bill incentivized CTAE workforce best practices. These programs are industry credential driven. Mr. Fields highlighted specific instance of successful program implementation at high schools across Georgia including Jordan H.S. in Columbus and North Cobb H.S.
Senate Judiciary Committee
The Senate Judiciary Committee, chaired by Sen. Jesse Stone (R-Waynesboro), met to consider two bills today:
Senate Special Judiciary Committee
Late yesterday, the Senate Special Judiciary Committee under the new leadership of Sen, Jen Jordan (D-Atlanta) met for its first meeting to take up SB 32 and SB 69, both pieces of legislation dealing with animal cruelty. The Committee adopted Committee Rules and proceeded to hear both measures. Sen. Kay Kirkpatrick (R-Marietta) presented her bill which addresses Title 51 liability issues of an individual rendering emergency care to animals in distress. She further explained that similar laws on this issue had been adopted in 14 other states. This is an extension of Georgia’s Good Samaritan laws. It requires the rescuer of the animal to contact 911 emergency services for first responders to help. Sen. Elena Parent (D-Atlanta) and Sen. Zahra Karinshak, both attorneys, had the most questions. Sen. Parent wanted clarification around the requirement of the individual to wait until 911 arrive before rendering aid in order to get the protection from liability. There were public comments of support including from the Georgia Canine Coalition, Claudine Wilkins, a former Cobb County Assistant District Attorney and expert on animal laws in Georgia; and Humane Society. Also, Cobb County Assistant District Attorney Chuck Boring spoke on behalf of the bill noting it addresses common situations which occur more frequently than are reported in the news, This legislation’s immunity is only dealing with civil damages. Legislative Counsel was asked to help craft an amendment to SB 32 to clarify about needing first responders to be present before any assistance of the animal be provided. The Committee adopted an amendment offered in subsection (c) and passed the legislation by a new Committee Substitute. SB 69, by Senate Minority Leader Steve Henson (D-Tucker), presented a substitute to his Title 4 proposal which seeks to clarify situations where there are repeat offenders to Georgia’s animal cruelty laws. His legislation offers judicial discretion to address those individuals, permitting the court for instance to prohibit an offender from owning or possessing an animal if he or she is convicted of such charges. Committee members inquired about penalties for violators - if they should come into possession of an animal after the court had prohibited such. After much discussion, the Committee opted to hold the bill and take it up again next Tuesday after some additional language could be drawn to provide some remedies to violations. It was noted that Florida had adopted language similar to this bill in 2018.
Senate Economic Development Committee
Chairman Frank Ginn (R-Danielsville) began the committee by hearing Sen. Brandon Beach’s (R-Alpharetta) bill, SB 45, which establishes a horse racing commission in Georgia along with outlining provisions for the construction and regulation of horse racing facilities in Georgia. Sen. Beach walked the committee through the changes in proposed amendments which included allowing tracks to reduce the required 60 days of racing to 45 along with striking language about tobacco to fall in line with concerns from local municipalities. Sen. Beach reiterated that the state would not be offering any financial assistance in the construction or operation of the facilities. He also explained that the economic windfall for the state would be considerable. He received brief questions from members of the committee, mostly clarifying the language of the new amendments. SB 45 received a recommendation DO PASS as committee substitute.
Sen. David Lucas’s (D-Macon) SB 80 also passed through the committee. This bill deletes out-of-date language about the Georgia Music Hall of Fame and allows the legislature to use funds allocated for the Georgia Sports Hall of Fame to increase its exposure.
Senate Retirement Committee
Chairman Ellis Black (R-Valdosta) began by calling on Sen. Michael Rhett (D-Marietta) to present SB 47 which allows members who work for the state to buy into the State Retirement System for up to five years for credible military service. Chairman Black explained that this bill would not cost the state any money.
New Legislation
The following legislation of interest was introduced in the House today:
The following legislation of interest was introduced in the Senate today:
Rules Calendars for Legislative Day 19
The House is expected to consider the following measures tomorrow for Legislative Day 19:
The Senate is expected to consider the following measures tomorrow for Legislative Day 19:
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