Week Ten Legislative Update, 3/20/16,
Testing Mandates Reduced
Space Bill Is Placed in Study Committee
Religious Liberty Legislation on Governor's Desk
As the final two days of the legislative session approaches,
the House reconvened on Monday, March 14 for day 36 of the 2016 legislative
session and an extremely busy week. We had a busy legislative agenda for the
week, both on the House floor and in committee meetings to continue to vote on
and review legislation. With only two legislative days left, many more House
and Senate bills received final passage this week and are now on their way to
Governor Deal’s desk for consideration.
This week, the House unanimously passed Senate Bill 364, the
Quality Based Education Act, to revise annual performance evaluations for
public school teachers and state mandated testing. SB 364 would revise
evaluations so that student growth would account for 30 percent of a teacher’s
evaluation, down from the current 50 percent. Additionally, professional growth
would account for 20 percent, and the test component of teacher evaluations is
lowered from 70 percent to 40 percent. The bill would also reduce the number of
state mandated tests from 32 to 24 for students in grades K-12 by removing
social studies and science milestone tests in grades 3, 4, 6, and 7. SB 364
would also ask local school systems to move all testing as close to the end of
the school year as possible to ensure the students have received maximum
exposure to the material prior to testing. SB 364 also adds formative testing
in 1st and 2nd grades to measure progress and early learning to guarantee that
all students are proficient in reading by 3rd grade and proficient in math by
5th grade. The bill is the result of multiple meetings with teachers,
administrators, parents, and advocacy groups from across the state who gave
input and opinions on what should be revised in the current evaluation and
testing systems. This legislation will give our teachers more freedom to teach
Georgia’s students and will take the burden off both students and teachers. Our
teachers greatly influence the youth in our state, and as such, we want to
provide them with the resources to have the best opportunity to succeed in the
classroom so that our students have the best opportunity to succeed in the
future.
Other bills that passed the House floor this week:
SB 206, by Sen. William T. Ligon, Jr. (R-Brunswick), revises
provisions relating to the prohibition of a water supplier's option to
disconnect water service to premises because of the indebtedness of a prior
owner, occupant, or lessee. The bill provides a procedure to obtain information
regarding moneys owed for water supplied to certain real property under certain
circumstances. SB 206 exempts any property from the refusal to supply
water because of the indebtedness of the prior occupant. A new section is added
to current law setting forth that any property owner or tenant, person
executing a contract for the purchase or occupancy of property, attorney
closing a real estate transaction, or lender considering the loan of funds to
be secured by real property shall have the right to request a statement from
the water supplier setting forth the amount of any outstanding water charges
along with any late fees with interest. Rep. Alex Atwood (R-St. Simons
Island) spoke in support of the bill. He indicated that ACCG, GMA, the Georgia
Realtors Association, and others are in support of this legislation. There was
one amendment, but it was withdrawn. SB 206 passed the House with a vote
of 170-0.
SR 730, by Sen. William T. Ligon, Jr. (R-Brunswick),
encourages the Coastal Regional Commission to create a comprehensive plan for
and oversee the implementation of the Coastal Georgia Greenway and to create
and file an annual report with the General Assembly detailing its
progress. It passed with a vote of 149-18.
SB 263, by Sen. Bruce Thompson (R-White), allows for the
governing authority of each municipality and county in this state, as well as
each board of education, which employs sworn police officer who are POST
certified to adopt policies under which officers may retain their weapon or
badge upon retirement or leaving employment as a result of a disability arising
in the line of duty. It passed the House today with a vote of 123-46.
SR 558, by Sen. Jeff Mullis (R-Chickamauga), is a
constitutional amendment to provide that the existing excise tax on fireworks
shall be specifically dedicated to the provision of trauma care, fire services,
and local public safety purposes. SB 350, the enabling legislation, allocates
the revenues collected. SR 558 cleared the House with a vote of 169-2.
SR 876, by Sen. Steve Gooch (R-Dahlonega), was carried in
the House by Rep. Kevin Tanner (R-Dawsonville). It seeks to establish a Joint
High-Speed Broadband Communications Access for All Georgians Study
Committee. No changes were made in the House Special Rules Committee where
this Resolution had been assigned. This resolution passed 166-0.
Senate Places Space Bill Into Study Committee
After HB 734, the Georgia Space Flight Act, passed the House
with overwhelming support of 164-8, the Senate Science & Technology
committee decided to place the bill into a Senate study committee after
spending approximately 90 minutes discussing the legislation. The Senate’s
primary focus was on the Federal Aviation Administration’s launch licensing
process and applicable federal regulations
as well as county zoning issues should the launch site be approved by
the FAA.
Although, these issues are aspects to
consider regarding the project; however, my legislation did not pertain to such
matters. The state has no influence over the federal regulatory process;
therefore, I was rather dismayed that the Senate’s focus were on matters the
state has no jurisdiction over. The legislation’s focus was mainly on
space flight operation liability shield, which is a policy that is very similar
to other space friendly states like Texas and Florida. This policy is a
minimum standard to which the industry is looking for in order for the
commercial space industry to consider Georgia as player in the industry.
I will bring back this legislation next year, but the Senate
will study the project and federal regulations in the interim. Also, I
will be in discussions with the chairman of the House Science & Technology
Committee to create a Select Commercial Space Industry subcommittee to study
the entire commercial space industry in Georgia as well as the Spaceport Camden
project. I will take what both the Senate and House will learn in the
interim and apply any new findings to future legislative initiatives that may
be needed in the future.
"Free Exercise Protection Act" Passes General
Assembly On March 16th, the General Assembly passed a compromise version of the
religious free exercise legislation. The bill is a product of meticulous
behind-the-scenes work among legislators, senior attorneys, leaders in the metro-Atlanta
and statewide business communities, leaders from Georgia’s LGBT community and
even an atheist lobbying group from Washington, DC., committed
to taking a balanced approach to protecting religious 501(c)3 nonprofits and citizens
from unfair government action, the highly negotiated substitute integrated
requests from each of these involved stakeholder groups, putting
into statute a level of fair and candidly routine religious protections
that Georgia citizens are right to expect. Achieving balance and fairness on this
issue has been the single goal throughout the process, in spite of opponents’ claims
of potential discrimination. I challenge Georgians to recognize that the scope
of the legal attacks on our First Amendment free exercise rights are vastly
broader.
An Overview of Free Exercise Protection Act, HB 757
HB 757 is a reaction to the recent U.S. Supreme Court ruling
on same sex marriage, and many may reasonably believe it presents a public
relations issue for the state and its business community in terms of holding
and attracting economic development, but in drilling down into the bill, very
little is actually changed by it in Georgia in terms of the present rights of
citizens.
Protection of Ministers, Clerics, other Religious
Practitioners, and Individuals of Faith in Regards to Compelling Their
Participation in Same Sex Marriage Ceremonies
Religious practitioners shall not be required to perform
marriages that violate their faith.
A refusal to perform marriages in contravention of a
religious practitioner’s faith shall not give rise to a claim of discrimination
or be grounds for the loss of tax exempt status.
No individual shall be compelled to attend or participate in
a marriage ceremony which violates his or her faith or be subject to a claim
for discrimination for failure to do so.
In reality, this is already the law on both federal and
local levels as existing anti-discrimination laws generally have carve outs
affecting religious organizations in areas of faith.
Protection of Businesses that Close on Saturday or Sunday
No business or industry shall be required by local ordinance
or regulation to operate on a designated religious day of rest.
One might consider this a Chik-fil-A defense law. In
Georgia, however, there exist no present local laws or regulations that require
the opening of a business on a Saturday or Sunday.
Protection of Faith Based Organizations in Same Sex Marriage
Ceremonies
No faith based organization shall be compelled to provide
goods, services, or rent a location to conduct a marriage ceremony that
violates its faith.
A refusal to provide such goods, services, or rent a
location shall not give rise to a claim of discrimination or be grounds for
denying such organization tax exempt status.
Generally, this is a codification of existing general law
that already protects faith based organizations from participating in
activities in opposition to their faith.
Protection of Faith Based Organizations in Regards to
Employment Laws
No faith based organization shall be required to hire or
retain an individual whose religious beliefs or practices run counter to
beliefs of the faith based organization except as may be required by federal or
Constitutional law.
A refusal to hire or retain such individual shall not give
rise to a claim of discrimination or be grounds for denying such organization
tax exemption status.
On first blush this provision of the bill may appear
troubling to individuals concerned about discrimination in employment. However,
the bill expressly recognizes federal anti-discrimination employment law. Under
federal law and regulations, faith based organizations are already exempted in
regards to employees in positions where ones faith is an integral part of his
or her job. A minister, for instance, would fit under this existing federal
exemption. Employees of such organizations in non-faith related positions,
however, such as a secretary or a janitor, are protected under federal
anti-discrimination law.
Strict Scrutiny Standard in Government Actions affecting
Religious Liberty
The bill requires that Georgia courts shall insure that any
infringement of religion by the government takes place only when there is a compelling
governmental interest, and the government utilizes the least restrictive means
of achieving that compelling governmental interest.
This provision is a codification in Georgia of the federal
Religious Freedom Restoration Act passed in the early 1990s in response to a
U.S. Supreme Court ruling that had applied a lower standard for considering
Religious Freedom than other First Amendment protections such as Freedom of the
Press or Speech. Numerous other states have also codified this standard in the
past quarter century. The bill specifically recognizes that federal and state
anti-discrimination laws are a compelling government interest.
Of concern to some is the fact that county or city local
ordinances were not specifically recognized as well. However, the bill does not
outlaw these local protections either, but merely leaves it to the courts to
determine if such ordinances fit within the strict scrutiny standard. No local
anti-discrimination ordinance or state law which has ever been examined under
the strict scrutiny standard in other states has ever been struck down.
Furthermore, in terms of Georgia courts future
considerations, the bill expressly states that in using the strict scrutiny
standard, Georgia courts should follow existing Georgia Supreme Court precedent
on this issue. The key case in Georgia is Jones v. Moultrie which held that one
cannot use religious beliefs as a legal basis to infringe upon the rights
legally held by others. Specifically, the court held, A person’s right to
exercise religious freedom, which may be manifested by acts, ceases where it
overlaps and transgresses the rights of others. This finding should support the
upholding of local ordinances barring discrimination.
The bill specifically states that this strict scrutiny
standard cannot be used as a basis for government officials to use their
religious beliefs as grounds for refusing to perform their governmental duties.
In other words, a government employee cannot pick and choose which laws to
follow.
The bill specifically recognizes that maintaining safety and
good order in penal institutions is a compelling state interest and that
religious rights may be curtailed in such situations.
The bill specifically states that the strict scrutiny
standard in regards to religious freedom applies to government action only and
cannot be used as a basis for employee claims against private employers for
alleged religious persecution.
Next week will be the final week of the 2016 legislative
session. On Thursday, March 24 we will convene one final time this session for
legislative day 40, or sine die, the last day we have to pass any legislation
this year. While the end is near, there is still work to be done and many
issues to be considered, and your input on these issues is very important to
me. My colleagues and I will work long hours every day next week to ensure that
we are doing what is best for Georgia and its citizens. If you are following
legislation that you would like to see passed, or if you have any questions
about the bills that the General Assembly has considered this session, please
do not hesitate to reach out to me. Your input will help guide my decisions
during this crucial time, and I appreciate all of your feedback.
You can reach me at my Capitol office at (404) 656-0177 or
by email at jason.spencer@house.ga.gov.
As always, thank you for allowing be to be your representative.
GA State Representative Jason Spencer
28 Yachtsmen Court, Woodbine Georgia 31569
United States
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