5 March 2021
LWVAF, Report from the Capitol, Week 8
This week the legislature met for 3 days, completing Day 27. It will return next week for 4 days including CrossOver Day on Monday. Friday of this week and Monday of next will be very long days. A bill must pass out of its chamber of origin by the end of CrossOver Day in order to have any chance of passage this year. So days are long and many bills are vying for those limited number of spots on the floor calendars.
This report shows the bills that have passed since the last report and those in the pipeline that are known to be on the floor calendars for Friday. There may well be more as supplementary calendars are a common practice.
Not all the bills are an improvement on what is on the books now. More of that will be seen on Monday, when the Senate is going to have a ‘election day’. All those bills which purport to ‘improve the confidence’ in the voting system but which make it harder for any voter to cast their ballot are going to be on the calendar. The House will have more of an olio presentation. The full year budget, HB 81, is on the floor in the House on Friday. The details of what is in it will be reported next week.
While the public information has been for several weeks that CrossOver Day would be Day 27, that was erroneous data. The League apologizes for contributing to the dissemination of inaccurate information.
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BOLD Bill Number = final passage
CA = constitutional amendment. Requires a 2/3s vote in each chamber and a majority vote in the next general election scheduled for November 2020.
DV = Differing Versions
NNS = Needs No Signature
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In CHAMBERS
CHILDREN
SB 28 Hatchett – 50 PASSED Senate H.Juvenile Justice
Requires annual training for jury court intake officers of 8 hours the first year and 2 hours per year thereafter. Permits juvenile court to consider hearsay evidence. Makes clarifying changes to procedures of the juvenile court.
HB 548 Dempsey – 13 PASSED House
The Administrative Office of the Courts shall enter into agreements with Department of Family and Children Services to insure compliance with federal law (HIPPA) relative to information regarding the termination of parental rights for the safety of the children involved. Requested by DFCS, Department of Family and Children Services.
EDUCATION – PREK – 12
HB 32 Belton – 112 PASSED House
A refundable income tax credit for teachers who agree to teach for 5 consecutive years in a rural area or low-performing school. The credit is $3000/year. 1000 teachers may participate. A low performing school is in the lowest 5% of achievement on the state-wide accountability system; a rural school is more than 2.5 miles from an ‘urban cluster’ and 5 miles from a urbanized area.
SB 42 Mullis – 53 PASSED Senate
The school climate rating of local schools by the Department of Education, on the College and Career Ready Performance Index, shall not include discipline data. The data will be recorded with the department. The discipline report will be on the school web site and the district will make available print copies if requested. The definition of good school climate includes how safe the students and teachers/employees feel being in the building. Very often unsafe conditions are reflected in discipline data reflecting unruly students.
SB 47 Gooch – 51 PASSED Senate
Eligibility for the Special Needs Scholarship to attend private schools paid for with public education funds is extended to student with a Section 504 accommodation plan. Special education students are those that have some innate impediment to learning as determined by several experts and require an Individual Education Plan, IEP. Section 504 students have a condition requiring some accommodation but do not inhibit their ability to learn. Examples of conditions requiring accommodation are loss of a limb, breakage of a bone, asthma, dyslexia, recovery from surgery. There are about 200,000 students in the state with an IEP plan of which 5000 have taken the Special Needs Scholarship. There are about 58,000 students who have a Section 504 plan. The sponsor is not amenable to having a means test on this scholarship for any eligible student. LWV OPPOSES any voucher which funds private schools.
SB 59 Albers – 56 PASSED Senate
In FY23 local charter schools will be funded at the same differential, 3.75%, as charter school systems. Charter schools can opt in to the state health benefit plan at time of renewal. Federal money will go to the charter schools in the same way they go to non-charter schools in the school district. Requires the local school system to provide space for a local charter school or provide a stipend for facilities. The capital stipend for facilities is capped at $25,000/year.
HB 392 Ridley – 6 PASSED House S.Regulated Industries & Utilities
Alcohol sales for consumption off the premises can be by local regulation located 100 yards or more from school buildings, and education buildings, and school grounds. Rural counties find that schools are usually located on a corner, and they cannot develop the other corners with commercial business that want to sell liquor. They want the local control.
EDUCATION – POSTSECONDARY
SB 85 Albers – 56 PASSED Senate H.Judicial Non Civil
Hazing in college is expanded to include minors (under age 18) in postsecondary institutions. Reports are required from the institutions and are to be available on their websites.
SB 107 Strickland – 17 PASSED Senate
TCSG is to provide, and USG is urged to provide, a waiver of all tuition and fees including any mandatory fees for room and board for a qualifying foster or adopted student. A qualifying student has a family receiving state funded adoption assistance; is under DFAC or DHS oversight; is in the independent living program of DFCS; is now adopted but was placed by DFCS after the 14th birthday and now resides out of state. Student must be enrolled or accepted within 3 years of high school graduation for enrollment, must remain in good academic standing, under age 28, and has applied for this waiver. There are about 700 foster children in independent living. This waiver is to be available after all other sources of funding are exhausted – Pell grants, HOPE grants, etc.
SB 187 Tippins – 37 PASSED Senate
Students with disabilities may request a HOPE waiver to fund up to 10 years to earn a degree or attempt 127 semester hours, currently 7 years.
SB 204 Tippins – 37 PASSED Senate
TCSG may award high school diplomas under the criteria established by DOE to students 16 and over who have enrolled in TCSG without finishing high school. Such students must have completed 6 of the 9 state required courses for grades 9 and 10: 2 English, 2 math, 2 science, 2 social studies; one health and physical education, and any state required test for these courses. A student must have received an acceptable score on the readiness assessment test required by the TCSG; have a written acknowledgement that the student may lose any allowable eligibility for special education or Section 504 services; is age 16 and over who has already dropped out of high school but wants a technical skill, or an adult in need of a high school diploma and a technical education. Upon completion of their technical program, the student can be awarded the high school diploma if the student has completed the coursework defined. This is a five-year pilot program with 5 units of TCSG participating.
HB 531 Fleming – 122 PASSED House S.Ethics
An omnibus bill making many changes to the election code, some of which are objects of other bills. The vote was 97-72. Please see last week’s report for details of this extensive measure, most of which limit the options for the voter.
ELECTIONS & ETHICS
SB 183 Robertson – 29 PASSED Senate
Requires a candidate for sheriff to be a certified peace officer in good standing with the GA Peace Officers Standards and Training Council at the time of qualification for office.
SB 221 Mullis – 53 PASSED Senate H.Judiciary
A Leadership Committee serves like a campaign committee but benefits several people in legislative leadership. It accepts contributions and makes expenditures for the benefit of other candidates for public office. Contribution limits do not apply to this PAC. This empowers a super PAC.
GOVERNMENT – GENERAL
SR 141 Walker – 20 NNS ADOPTED
March 1, 2021 is Peanut Butter and Jelly Day at the Capitol, an annual recognition of the peanut crop and its impact on GA. It’s also a favorite of the legislators and visitors to the Capitol because the sandwiches are free.
SB 169 Walker – 20 PASSED Senate H.Judiciary
Provides for electronic signatures and electronic corporate seals on bonds.
HB 208 Cheokas – 138 PASSED House DO PASS in S.Veterans, Military, & Homeland Security
The second Wednesday of February shall be the National Swearing in Day holiday to celebrate the young men and women who are in JROTC and wish to experience a sample of military life.
HB 410 Lumsden – 10 PASSED House
Transfer the administration of the bingo games offered by nonprofit organizations to the Secretary of State from the GBI.
GOVERNMENT – TECHNOLOGY
HB 156 Parsons – 44 PASSED House DO PASS in S.Veterans, Military & Homeland Security DV On Senate Floor Fri. Requires all governmental organizations and utilities to report any cyber attacks to the director of Emergency Management and Homeland Security, GEMA. Meetings where cyber security is discussed can be exempted from public access; documents, reports, data, and cyber information is exempted from open records.
SB 168 Walker – 20 PASSED Senate
Corporations can hold annual meetings by teleconference. Attendance via teleconference is treated the same as attendance in person.
HB 371 Gunter – 8 PASSED House
Prisoners may testify in almost any judicial proceeding via teleconference.
GOVERNMENT – COUNTIES AND CITIES
SB 193 Mullis – 53 PASSED Senate H.Ways & Means
The decal showing that property taxes have been paid may or may not have to be displayed on the exterior near the main entrance of a mobile home, at the option of the local tax commissioner.
GOVERNMENT – COURTS AND CRIMES
HB 94 Rich – 97 PASSED House
The felony crime of stolen mail is defined when a person possesses mail addressed to 3 different addresses or has 10 pieces of stolen mail. The mail may have been delivered by U.S. Postal Service or a commercial delivery service and may consist of any form of letters or packages. The felony crime of porch piracy exists when a person takes any envelope, bag, or other sealed article without permission of the addressee from the porch, steps, or immediate vicinity of the entrance or exit of a dwelling. This proposed porch piracy does not seem to include stealing from an office or business facility.
SB 117 Miller – 49 PASSED Senate S.Judiciary
Sexually explicit conduct between an adult in a school and a minor is improper conduct by a person in a position of trust in the first degree. If the adult engages only in sexual contact, the offense is in the second degree. Punishment is incarceration for 1-25 years, a fine of $100,000 or both. Misdemeanors treated as a felony if done to a minor.
SB 235 Watson – 1 PASSED Senate H.Jucidicary Non-Civil
Mask, hoods, and other devices to hide the face so one’s identity is hidden will not be so prosecuted if the device is worn to prevent getting COVID or spreading the infection.
HB 635 Leverett – 33 PASSED House S.Judiciary
A judge should be able to rule on any issue that is within their defined powers. The ruling can be made anywhere in the jurisdiction of the court.
GOVERNMENT – CAPITOL AND GROUNDS
SB 140 Mullis – 53 PASSED Senate H.State Property & Community Affairs
A monument is to be placed on the capitol grounds to honor Zell Bryant Miller. Private funds will be used.
HEALTH
SB 82 Wu – 48 PASSED Senate H.Insurance
Defines the ‘prudent layperson’ standard as a platform to determine if emergency care is needed. That same standard is to be used by insurers to pay for such care regardless of the final diagnosis. Sponsor is a medical doctor.
SB 116 Robertson – 29 PASSED Senate sub H.Health & Human Services
Maternity supportive housing offers housing, but no other services, to women 18 and older and their children for up to 18 months after giving birth. The housing shall be registered and pay an annual fee of $250, have written policies and procedures for admission, intake, and record keeping, be in compliance with building codes, and have property insurance covering the women and children. No county or city shall try to constrain the establishment of such homes.
SB 215 Walker – 20 PASSED Senate H.Health & Human Services
Nursing homes may use certified medication aides to administer vaccines and other medications. The person must be listed in the registry already established. Must conduct an annual comprehensive clinical skills competency review of each aide. Aide shall record all medications administered and any refused. Needs on-going training. Is subject to a quarterly review of all mediations delivered by a registered pharmacist.
REVENUE & TAXATION
HB 511 Reeves – 34 PASSED House S.Finance
The following ten funds are revised: Georgia Outdoor Stewardship Trust Fund, Solid Waste Trust Fund, Hazardous Waste Trust Fund, State Children’s Trust Fund, Wildlife Endowment Trust Funds, Trauma Care Network Trust Fund, Transportation Trust Fund, Georgia Agriculture Trust Fund, Fireworks Trust Fund, and Georgia Transit Trust Fund. In keeping with the constitutional amendment passed in November 2020, these funds will be spent only for the purpose designated, will not lapse, anything in excess of 1% of the state’s budget is available for general appropriations, and will expire in 10 years unless renewed. Some of these funds are filled with donated money as a check off on the state income tax form, others by a fee imposed at purchase like the $1 per new tire. The funds were not always spent for the designated purposes especially in times of budget cuts. This should protect those funds for the purposes designated.
HB 593 Blackmon – 146 PASSED House S.Finance
Increases the income tax standard deduction for tax years beginning 1-1-22 and beyond for a $120 million impact.
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Single and Head of Household -- $5400, currently $4600, increase $800.
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Married filing single -- $3550, currently $3000, increase of $550.
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Married filing joint -- $7100, currently $6000, increase of $1100.
TRANSPORTATION & DRIVING
SB 115 Robertson – 29 PASSED Senate H.Motor Vehicles
The Departments of Driver’s Services and Public Safety shall offer an instructional course or presentation to drivers and the public on the best practices when interacting with law enforcement officers. The course would also be available to other driving programs and educational institutions. The course shall include the consequences of continuous citations and habitual violations and an understanding why the law enforcement officer may ask for identification, use force, detainment, pursuits, and legal warnings.
HB 248 Powell – 32 PASSED House
When school zones are to be equipped with automated traffic enforcement safety devices (cameras to check for speeding), the permit shall be applied for by the county or city whose police force will enforce the speed limits. Currently, the school must apply.
HB 289 Belton – 112 PASSED House S.Public Safety
Allows a 17 year old to receive a Class C license if the person provides proof of enlistment in the military. Currently, a Class C license is issued only to those age 18 and older.
HB 437 Howard - 124 PASSED House S.Regulated Industries & Utilities
The attendant at a motor fuel station must fill the tank at the self service pump if the vehicle is displaying a special decal indicating the owner is disabled.
LOCAL – FULTON and its CITIES
HR 130 McDonald – 26 PASSED House S.Local Delegation
Forsyth County to be transferred to the Atlanta Regional Commission from the GA Mountains Regional Commission. Board of Community Affairs has already approved.
HB 459 Martin – 49 PASSED House S.State & Local Government
Cities cannot annex a territory that contains a county owned airport unless the county approves it with a resolution. The airport is Charlie Brown Airport in Fulton County near Fulton Industrial Park which City of South Fulton is trying to annex. The county has made a lot of improvements and they want to insure it is still going to be under their control.
HB 600 Dreyer – 59 PASSED House S.Local Delegation On Senate Local Calendar Friday
Hapeville city council quorum is a majority of the members and the mayor as long as one city wide elected official is present. If the mayor is not present, the alderman-at-large will preside. If the alderman-at-large is not present, the councilman-at-large shall preside. If a vacancy on the city council within the first two years of the term, a special election will be called. If during the second two years of the term, the remaining members of the city council will appoint a replacement.
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In COMMITTEE
CHILDREN
SB 92 Robertson – 29 DO PASS in S.Judiciary On Senate Floor Friday
Products containing dextromethorphan cannot be sold to or purchased by a minor.
EDUCATION – PREK-12
HB 60 Cantrell – 22 DO PASS in H.Education On House Floor Friday
Creates the Education Scholarship Account which is a customer directed account into which state funds are deposited for student education at a private school either secondary or postsecondary. Amount is average amount state funded for students, currently about $5700. Includes up to $500 for transportation, tuition, curriculum materials, fees, computer hardware. An eligible student is enrolled in a public school and either an adopted foster child, disabled, a family at less than 200% of federal poverty level (less than $50,000/year for a family of 4), a child of an active duty service member, or one who cannot get in-school instruction for a full semester. Parents must sign a contract. Student is to be tested to prove student achievement. Office of Student Achievement to set rules for schools and dispense money on a quarterly basis and can keep up to 3% for administrative expenses. Enrollment is limited to ½ of 1% per year of total students in the state up to a maximum of 5% in 10 years. Private school to be audited every 5 years. Effective in the fall of 2021. Another voucher bill. Public schools are currently audited every year. Public school students are tested and aggregate results are published. No state money provided to public schools or their students for fees. Computer hardware can be provided by a public school for use by the student, just as a textbook, and returned when no longer needed. Private school teachers don’t have to be degreed or certified. Students can double dip with this voucher and the Special Needs Scholarship-Voucher. Section 504 students must be reevaluated every 3 years by federal law and this bill has no provision for that. The receiving school does not have to provide any special ed services or Section 504 accommodations and the student does not have the right to get them in a private school. There is no evaluation of curriculum so public money may be spent on religious course work. Author indicates that there is no additional cost for the state since the student is already enrolled in a public school. Author indicates this system is in place in 5 other states and about 15,000 students are enrolled. The state has no idea of what it is buying with the money it is shipping to these schools. LWV OPPOSES the use of public funds for private schools.
SB 220 Payne – 54 DO PASS in S.Education & Youth On Senate Floor Friday
GA Civics Renewal Act. Creates a 15-member GA Commission on Civics Education to periodically review all elements of civic education in GA schools and specifically the following high school pathways: CTAE, law, public safety, corrections, and security pathways. Shall produce an annual report to the General Assembly with any recommendations. Must meet between 2 and 4 times a year. The DOE Social Studies Curriculum Coordinator shall report to the commission annually.
SB 246 Brass – 28 DO PASS in S.Education & Youth On Senate Floor Friday
Learning Pod Protection Act. Home school parents not to be subject to additional restrictions or regulations of the local school district. Any student not enrolled in a primary education option shall be considered a home school student.
HB 606 Nix – 69 DO PASS in H.Education On House Floor Friday
Adds GA Independent School Association to list of accrediting organizations for HOPE scholarships. Effective 7-1-21.
EDUCATION – POSTSECONDARY
SB 239 Harrell – 40 DO PASS in S.Higher Education
USG shall charge fees based on credit hours signed up for on the following scale: 1-4 hours = fees @ 25%, 5-7 hours = fees @ 50%, 8-10 hours = fees @ 75%, over 10 hours = fees @ 100%. Fees have been going up much faster than tuition. Part time students have to pay 100% of the fees. The intent is to bring some equity so that part time students, who may be working and/or supporting a family, can have a better opportunity of getting their degree. Also, part time students take longer to complete their programs, so they pay more money in fees than those that can complete in 4 or 5 years.
ELECTIONS & ETHICS
HB 333 Efstration – 104 DO PASS in H.Special Committee on Election Integrity On House Floor Friday
Ethics in Government Act of 2021. Transfers the GA Government Transparency & Campaign Finance Commission, formerly the GA Ethics Commission, to the State Accounting Office, currently the Secretary of State. Commission staff attorneys’ allegations are handled same as are individuals filing a complaint. Dates of action on a complaint are now the date of alleged violation, rather than the date filed. Increases the number of years records must be held by a candidate for an office with a term of 4 or more years to 5 years, currently 3; if term is 6 or more years, the hold is for 7 years; and if a constitutional amendment, referendum or local issue or any recall, the hold is 3 years. Leftover campaign funds cannot be used to make loans to the candidate or the candidate’s family members, business, or non-profits of which the candidate is on the payroll or has a controlling interest.
GOVERNMENT – GENERAL
HB 92 Gambill – 15 DO PASS in H.Governmental Affairs On House Floor Friday
Information in Vital Records can be transferred to State Archives, and thus accessible to the public, 100 years after a birth and 75 years after a death, marriage, or divorce. Currently, the transfer is made 125 years after a birth and 100 years after a death, marriage, or divorce.
SB 236 Brass – 28 DO PASS in S.Regulated Industries & Utilities On Senate Floor Friday
Mixed drinks can be purchased to go with a food order. The drink must be in a sealed container, placed in a locked compartment of the vehicle of the customer or behind the last seat if no trunk. Two drinks per order.
GOVERNMENT – COURTS AND CRIMES
HB 377 Schofield – 60 DO PASS in H.Health & Human Services
A woman arrested but not released within 72 hours shall be tested for pregnancy. Sentencing of a pregnant woman can be delayed for 12 weeks post delivery, although she must keep in touch with the Department of Community Supervision. Penal institutions must report information of all pregnant women incarcerated within.
REVENUE & TAXATION
SR 135 Mullis – 53 DO PASS in S.Regulated Industries & Utilities On Senate Floor Friday
CA to provide for sports betting. Enabling legislation is SB 142.
SB 142 Mullis – 53 DO PASS in S.Regulated Industries & Utilities On Senate Floor Friday
Wagering on sports contests under direction of the Lottery Corporation. Outlines who may bet, where one may place a bet, how the money is to be tracked and stored and paid out, controls, licensing of betting places, violations and penalties. Enabling legislation for SR 138. Bill is over 40 pages long.
TRANSPORTATION & DRIVING
SR 84 Harper – 7 DO PASS in S.Rules On Senate Floor Friday
Creates the 13 member Joint Study Committee on Airport Infrastructure and Improvements. Report due December 2021.
SB 165 Gooch – 51 DO PASS in S.Transportation On Senate Floor on Friday
Exempts for fully autonomous vehicles the need for a speedometer, windshield wipers, exhaust systems in the cabin, foot brake and can have obstruction of sight blocked.
LOCAL – FULTON and its CITIES
HB 160 Boddie – 62 DO PASS in H.Ways & Means
‘Municipality’ for the MOST, Municipal Only Sales Tax, is defined as one with waste water flow of 85 million gallons per year, or one which connects to a waste water system in another municipality with a flow of 85 million gallons per year. Atlanta provides sewer service to a number of adjacent cities. The MOST tax in Atlanta is dedicated to repair and replacement of the sewer system. Currently, only sales within the city of Atlanta pay the MOST tax. This proposal would extend the tax to sales in those other cities who hook into Atlanta’s waste water system. These other areas outside of the city of Atlanta are charged more for their water than the same amount used by a city resident. This proposal would make those areas pay extra twice.
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Sally FitzGerald, Capitol Observer
sallyfitz [at] bellsouth.net
League of Women Voters – Atlanta/Fulton www.lwvaf.org
League of Women Voters – Georgia www.lwvga.org
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21.W8.5Mar