GA Legislative Update

From Rep Jason Spencer, 1/28/18, Week 3

We have just finished the third legislative week on Thursday January 25, 2018.  The General Assembly is now one-fourth of the way through our 40-day session with just 30 legislative days remaining.  This week was busy and productive, and the pace has noticeably picked up as House committees met more frequently to consider and vet proposed legislation.

Focusing in Rural Georgia

Although Georgia’s economy has grown exponentially over the past several years, not all parts of our state have experienced the same levels of prosperity. For this reason, the House is heavily focused on improving economic opportunities for our state’s rural communities. Last session, we adopted House Resolution 389, which established the House Rural Development Council (RDC). During the interim, the members of the RDC traveled to many different rural communities across the state and met with local leaders, studied issues specific to Georgia’s rural areas and explored ways to encourage economic growth. The RDC closely examined the components of economic development and related policy areas, such as education, infrastructure, access to health care and economic growth incentives. Then, in December, the RDC released the first of two reports outlining several legislative recommendations that would boost rural Georgia’s economic opportunities. This week, we saw the first rural development-related bill, House Bill 735, be introduced for the House’s consideration. HB 735 would create a tax credit for short line railroad track maintenance expenditures to incentivize investment in rail infrastructure in rural Georgia. This measure is likely the first of many pieces of legislation that we will consider this session to help Georgia’s rural communities grow, and the RDC’s proposals are a result of the council’s findings and hard work during the interim.

Briefing from the Joint House and Senate Education Committee Hearing

Superintendent Richard Woods, Georgia Department of Education

Superintendent Woods gave a general overview on the state of the Georgia Department of Education, featuring the recent approval of Georgia’s Every Student Succeeds Act (ESSA) federal plan at the outset. Woods also focused on the Department’s (and state’s) success at raising graduation rates above 80% and increasing STEM and STEAM certifications, where 1,150 schools are currently in the pipeline. Programmatically, Superintendent Woods and his team highlighted the successes of CTAE pathways and literacy and numeracy efforts, for which the Department has received a $61.5 million grant that is likely to flow to districts through grant opportunities. 

Mr. Eric Thomas, Chief Turnaround Officer, Georgia Department of Education

Mr. Thomas spoke to the Joint Committee about his role as the newly-hired Chief Turnaround Officer for Georgia DOE, a position authorized last year by HB 338. Thomas focused on the return on investment of his role and the provisions of HB 338, noting that these efforts cost approximately $265 per student per year, whereas incarceration costs $30,000 per inmate per year. His first cohort in focus is rural Southwest Georgia, and the data suggests the next cohort may be in Metro Atlanta, the Augusta area, or Southeast Georgia. Prior to Mr. Thomas’s presentation, Chairman Coleman and Rep. David Casas (R-Lilburn) highlighted the Public Education Innovation Fund Foundation, created by HB 237, that helps provide grants to support the Chief Turnaround Officer’s efforts. Chairman Coleman is seeking to eliminate the sunset of this Foundation this year through HB 728.

Mr. Bruce Shahbaz, Senior Director of Strategic Military Initiatives, The College Board

Mr. Shahbaz spoke to The College Board’s efforts to reach and support the 80,000 military-connected children living in Georgia through the Advanced Placement program. Shahbaz noted that the AP program is particularly helpful to students like these who are transient since the curriculum and examinations are standardized and, in many cases, transferrable. He advocated for generous credit acceptance policies at Georgia’s colleges and universities for military-connected children.

   

 New House Legislation

HB 728, authored by Rep. Brooks Coleman (R-Duluth), repeals the sunset provision in the law creating the Public Education Innovation Fund Foundation. The Foundation was authorized to receive private donations to be used for grants to public schools and to provide for an income tax credit for qualified education donations last spring through HB 237. The original law required the provisions of the law to be repealed on December 31, 2020. The Bill was referred to the Ways & Means Committee.

HB 737, Rep. Clay Cox (R-Lilburn) authored this legislation addressing law enforcement officers and agencies. It provides for court-ordered blood tests of source individuals for the protection of law enforcement officers who have a significant exposure to HIV, hepatitis B or hepatitis C in O.C.G.A. § 35-1-22.  This is in the instance where an officer is making a lawful arrest.  It further adds at O.C.G.A. § 31-22-9.2, concerning the reports of positive results of HIV tests, notification, counseling, violations, exception for insurance coverage, and exposure of healthcare provider, to provide for conformance to the Title 35 change. The bill was assigned to the Public Safety and Homeland Security Committee.

HB 743, Rep. David Clark (R-Buford) offered this legislation in Title 20, which would be known and cited to as the Jeremy Nelson and Nick Blakely Sudden Cardiac Arrest Prevention Act. It requires the Department of Education develop and post on its website guidelines and other relevant materials to inform and educate students participating in or desiring to participate in interscholastic athletics, their parents, or guardians, and coaches about the nature and warning signs of sudden cardiac arrest, including risks associated with continuing to play/practice after experiencing certain symptoms. The student participating or desiring to participate in interscholastic athletics and the student’s parent or guardian are required each year and to prior to participation in such activity to sign and return to the student’s school an acknowledgement of receipt and review of the sudden cardiac arrest symptoms and warning signs. The school would also be required to hold an informational meeting prior to the start of each athletic season for all ages of competitors regarding the symptoms and warning signs of sudden cardiac arrest.  The bill further requires the student to be removed from play should the student pass out or faint. Students removed from participation in such athletics are not permitted to return to participation until the student is evaluated and cleared for return to participation in writing by an appropriate healthcare provider. The legislation also addresses coaches and requires them to review the guidelines and relevant materials. The bill was referred to the Education Committee.

HB 733, Rep. Kimberly Alexander (D-Hiram) introduced this initiative for medical professionals so as to expand the service cancelable loan program for psychiatrists in underserved rural areas that are lacking in mental health services. Currently, in O.C.G.A. § 31-34-1 et seq., it allows physicians, dentists, physician assistants, and advanced practice registered nurses the ability to obtain cancelable loans. The bill was assigned to the Health and Human Services Committee.

HR 158, Rep. Jay Powell (R-Camilla) presented this Resolution which is a Constitutional Amendment that has been in the making for several years. It provides by general law for the dedication of revenues from fees or taxes to the public purpose for which fees or taxes were imposed. It would specifically amend Article III, Section IX, Paragraph VI of the State’s Constitution. Rep. Powell seeks an in between process, so that fees dedicated are permitted to be dedicated.  It does require that there would be a review of fees/funds (such as the Hazardous Waste Trust Fund, Joshua’s Law, etc.) every ten years.  It also contains a provision so that, in the case the State has a financial emergency, such monies could be suspended from their dedication.

HB 731, authored by Rep. Debbie Buckner (D-Columbus), amends Title 48 to exempt feminine hygiene products from state sales and use tax. The bill was referred to the Ways & Means Committee.

HB 482, authored by Rep. Wes Cantrell (R-Woodstock), is the Georgia Educational Scholarship Act. It allows for parents to assume the educational responsibility of their child from a public school system and receive the state’s contribution to the school system for that child in an account to be used for qualified educational expenses. Representative Cantrell presented the legislation, which he admitted is not a simple bill, to the Subcommittee. As background, he noted that 15,000 students in the U.S. benefit from these types of scholarship accounts and that research shows that both students and the schools that they depart see improvement when these programs are available. Rep. Cantrell also noted that only 0.25% of students in the public school systems would be eligible to participate in an educational scholarship account in the first year, but that eligible percentage would increase by the same magnitude each successive year. He emphasized that his intent was not to harm public school systems but rather to recognize that public schools do not work for all students. The Georgia Education Coalition, Professional Association of Georgia Educators, and Public Education Matters spoke in opposition to the legislation, citing concerns about diversion of public funds to private interests and concerns that the legislation did not require state assessments of students or state certification of teachers. Following a question from Rep. Debbie Buckner (D-Columbus), Rep. Cantrell indicated he was willing to include provisions for state assessments and certifications. Several individuals also spoke on behalf of the bill, including representatives of GeorgiaCAN and the American Federation for Children, citing freedom of choice for parents when public schools are not the best option for their children. The Subcommittee took NO ACTION with regard to the legislation.

HB 702, Rep. Heath Clark (R-Warner Robins) offered this legislation which would add at O.C.G.A. 20-3-680 et seq. to provide for a service cancelable education loan program for students in fields of science, technology, engineering, and mathematics who work in federal civil service positions at defense installations in Georgia.  This bill was assigned to the House Higher Education Committee.

HB 713, Rep. Joyce Chandler (R-Grayson) proposed this legislation providing for eligibility requirements to receive the HOPE scholarship as a Zell Miller Scholarship Scholar relative to students who graduated from an ineligible high school or a home study program.  It sets eligibility at 91st percentile or higher of the ACT. The bill was referred to the Higher Education Committee.

HB 718, authored by Rep. Sandra Scott (D-Rex), amends Title 20 to require primary and secondary schools to allow up to five excused absences for students with a parent actively serving in the armed forces for the purpose of allowing participation in individual or group therapy recommended by a physician or psychologist. This bill was referred to the Education Committee.

HB 719, authored by Rep. Sandra Scott (D-Rex), amends Title 8 to require housing authorities to develop and implement policies granting housing preferences to veterans who are homeless. This bill was referred to the Defense and Veterans Affairs Committee.

HB 722, authored by Rep. David Casas (R-Lilburn), amends the Move On When Ready Act in Title 20 to expand the definition of eligible postsecondary institution where a student may earn dual credit. The bill expands the definition to include any nonprofit, baccalaureate degree granting institution that has been in 10+ years with a physical location in Georgia and is accredited by an accrediting agency that is recognized by either the Council for Higher Education Accreditation or the U.S. Department of Education. The bill was referred to the Education Committee.

Notable Senate Bills Introduced

  

SB 338 - Sen. William Ligon, Jr. (R-Brunswick) proposed this amendment to O.C.G.A. § 50-13-4 to revise the State’s rulemaking procedures under the Administrative Procedure Act.  It does require a 30-day notice of intention to adopt such rule and it does allow for an oral hearing on the proposal should 25 individuals request such and be directly impacted by any rule change.

SB 339 - Sen. William Ligon, Jr. (R-Brunswick) also authored this legislation amending Title 20 to require the University System of Georgia develop and adopt a policy on free expression. This initiative comes in the wake of the issues last year at Kennesaw State University.

SB 310, Sen. Harold Jones, II (D-Augusta) proposed this initiative in response to discontinuance of the Federal Communications Commission’s (FCC) change in the Net Neutrality policy.  This bill offers a new Chapter 10 in Title 46 so as to provide that any Internet service provider engaged in the provision of broadband Internet access service is required to publicly disclose accurate information regarding the network management practices, performance and commercial terms relating to access to services.  It also prohibits such provider from blocking lawful content, applications, services and non-harmful devices.  According to the bill’s author, this is to allow an open platform permitting more consumer choice as well as competition.  The Public Service Commission would have exclusive power and authority over such and any provider who is convicted of a violation will be subject to a civil fine not to exceed $500,000.00 for each violation. The bill was referred to the Insurance and Labor Committee. The bill was referred to the Regulated Industries and Utilities Committee.

  

As we continue to make our way through the 2018 legislative session, House committees will continue to meet more frequently to review proposed legislation. I serve as a member of the Juvenile Justice, Human Relations & Aging, Games Fish & Parks, Science & Technology, and Special Rules committees, and I encourage you to contact me to discuss any measures that will be discussed by these committees or any other legislation that may interest you. Please visit my Capitol office anytime, which is located at the Coverdell Legislative Office Building, Suite 501-D, 18 Capitol Square NW, Atlanta, Georgia, 30334.  You can also reach me by phone at my Capitol office at 404-656-0177 or by email at Jason.spencer@house.ga.gov. Your input and comments are invaluable to me, and I hope that you will reach out to me with any questions or concerns you may have about our district or our state as a whole. 

GA State Representative Jason Spencer, 28 Yachtsmen Court, Woodbine Georgia  31569, United States

Comments

I like SB 339, but I continue to be stunned at the raft of narrow purpose Bills aimed at benefitting single individuals, unlikely events and narrow constituencies or calling for 6 figure fines. Any Bill that proposes “cancelable loans” violates the laws of economics.

Norb Leahy, Dunwoody GA Tea Party Leader