Georgia Legislative Update

Week Two: Budget Scrutiny Begins January 21, 2018

The second week in the General Assembly started off with another snow storm in Atlanta, and I am certainly not used to this kind of weather.  But just as snow and ice began melting in Atlanta, we also saw the first signs of a legislative thaw in the General Assembly on Legislative Day 5.

By a vote of 40-13, the State Senate approved House Bill 159, the adoption bill.  The passage of this bill was necessary to break the logjam of legislation pending in both chambers. We have been in a bit of a holding pattern in the House on moving Senate priorities as a strategy to get the Senate to move on the adoption bill from last legislative session.  Also, this week we began the state budget process, which is one of the most important responsibilities we have during the entire legislative session.

Senate Approves Adoption Bill

HB 159, the comprehensive changes to Georgia’s adoption code by Rep. Bert Reeves (R-Marietta), was presented on the Senate floor this week by Judiciary Committee Chairman Sen. Jesse Stone (R-Waynesboro).  The legislation passed by a vote of 40 to 13 after lengthy presentations by members of both the majority and minority parties.  Although the legislation was clean of language relating to religious freedom, as demanded by the Governor and House, the Senate’s version included several differences from the House version, particularly the inclusion of HB 359, the private guardianship initiative that allows a parent to give temporary custodial powers to individuals other than a child’s grandparents.  HB 359 was previously passed in 2017 and vetoed by Governor Deal as he had concerns pertaining to the provisions that could limit DFCS’s authority.   The legislation included these revisions under the adoptions laws:

Recognizes that Superior courts have exclusive jurisdiction over adoptions. Addresses instances where a military parent is involved by making clarifications on where venue is appropriate. Recognizes foreign adoptions and allows a judge to set the birthdate of such a child. Addresses relative adoptions by removing the 10-year age differential. Continues to only allow reimbursement of living expenses for a birth mother in agency adoptions. Permits a birth mother to waive the 10-day rescission period but only where the mother is 21 years old, waits 72 hours, and is independently advised by counsel. Allows Court discretion to not bar a father’s legitimation petition in an adoption where a birth mother testifies that the father provided no support.  Codifies 14 factors that a court must consider in adoptions to determine the best interest of the child. Includes updated forms.

The legislation also addresses, as mentioned above, the power of attorney provisions of HB 359.  The power of attorney provision permits an individual to make decisions on a child’s healthcare and school enrollment.  In the case of an individual who is to be on military deployment, it permits an additional thirty days for such power of attorney.  There are criminal background checks required, and notice of a power of attorney is to be sent to the non-custodial parent.  The power of attorney cannot subvert a DFCS investigation, and it further cannot limit the powers of the Division of Family and Children’s Services an apparent nod to Governor Deal’s veto statement concerns.  Fourteen states have passed similar laws including Maine, Arkansas, and Florida.  He also noted that the religious freedom issue, which arose in last year’s Judiciary Committee substitute offered by Sen. William Ligon (R-Brunswick), would be addressed in a separate piece of legislation.

FY 2019 Budget

On January 11, 2018, Governor Deal released his Budget priorities for the coming fiscal year starting July 1, 2018.  The $26 billion dollar (in State funds) budget is based on a 3.7 percent fund growth over FY 2018.  Georgia’s rainy day fund is now at $2.3 billion.  Many of his priorities for this coming fiscal year are centered on economic development, transportation, education, behavioral health and criminal justice reform.  In part, his priorities include funding increases for the Regional Economic Business Assistance (REBA) program and OneGeorgia initiatives in the amount of $49.4 million ($3.5 million is included for payments to OneGeorgia Authority (in the Department of Community Affairs budget) as an increase in funds for economic development projects and an allocation of more than $1.9 billion to maintain and improve Georgia’s transportation infrastructure.  The budget includes funding for 226 new scholars in the REACH Georgia Scholarship program for a total of $1.8 million and an additional $60 million for higher education.  He also prioritized funding Georgia’s Teacher’s Retirement System with $361.7 million to keep it sound. Within the Department of Behavioral Health and Developmental Disabilities, he has included $15 million for added waiver services and for supportive housing; it also includes $22.9 million for addressing the Children’s Mental Health services.  Below is a snapshot of several departments; it is not a review of the entire budget.  Through criminal justice reforms, he added more funds to create more accountability courts a total of $5 million.

The estimated net taxes for FY 2019 are projected to be slightly more than $23 billion.  There are additional interest fees and sales which are roughly $574.2 million (including transportation fees).  Other departments' interest, sales and fees (which will include such things as interest on motor fuel deposits, super speeder fines, hospital provider payments, indigent defense fees, etc.) are more than $1.09 billion.  Georgia also receives Tobacco Settlement Funds and Interest of more than $150 million and $1.2 billion from lottery proceeds.  Thus, total receipts are more than $26 billion.  Governor Deal has continued to work on his policy areas:

Educated Georgia - $13.9 billion (in 2018, it was $13.39 billion)

Healthy Georgia - $5.6 billion (in 2018, it was $5.28 billion)

Safe Georgia - $2.07 billion (in 2018, it was $2.05 billion)

Responsible and Efficient Georgia - $861.5 million (in 2018, it was $844.6 million)

Growing Georgia - $312.6 million (in 2018, it was $301.6 million)

Mobile Georgia - $1.91 billion (in 2018, it was $1.90 billion)

Debt Management - $1.24 billion (in 2018, it was $1.21 billion)

Looking at percentages by policy area, educated Georgia is the area taking 53.7 percent while healthy Georgia” takes 21.7 percent.

Looking at surplus dollars left in FY 2017 (total was more than $197 million), the following had these amounts:

Behavioral Health and Developmental Disabilities (DBHDD): $6.29 million

Community Health (DCH): $106.49 million

Corrections (DOC): $1.7 million

Education (DOE): $2.9 million

Human Services (DHS): $2.8 million

Juvenile Justice (DJJ): $669,983

Public Health (DPH): $2.004 million

Regents (BOR): $2.67 million

Student Finance: $48.7 million

New House Legislation

The following legislation was read and referred to committee in the House today:

HB 653 This bill, authored by Rep. Jason Spencer (R-Woodbine), amends Title 49 to allow professional licensing boards under the jurisdiction of the Secretary of State and the Georgia Composite Medical Board the discretion to suspend or not suspend an individual’s license upon notice of nonpayment or default on a federal educational loan or service conditional scholarship. Current law requires these boards to suspend an individual’s license under such circumstances. Current law does not allow any discretion and removes the ability of one to work to pay back their obligations.  The current policy is counter-productive. The bill was referred to the Regulated Industries Committee.

HB 675 This bill, authored by Rep. Clay Cox (R-Lilburn), amends Title 48 to provide employers an income tax credit for up to three years for each Medicaid-eligible employee who participates in an employer-sponsored health benefit plan. Employers may claim a tax credit of $5,000 for the first year and $2,500 for each of the second and third years for each such employee who participates in the employer benefit plan. The legislation is drafted to sunset on December 31, 2028. The bill was referred to the Ways & Means Committee.

HB 678  This bill, authored by Rep. Richard Smith (R-Columbus), amends Title 33 to provide for certain consumer protections regarding health insurance. Specifically, the legislation requires that providers inform patients, prior to provision of non-emergency services, the health care plans with which the provider has a participation agreement and the hospitals with which the provider is affiliated. It also requires a provider to disclose estimated costs of care when the provider determines that it does not have a participation agreement with a patient’s health care plan and make other disclosures related to other providers who may provide services to the patient. The bill requires hospitals to publish standard charges and post and provide certain disclosures about providers, participating health care plans, and costs to patients. Insurers are also required to proactively make certain disclosures enrollees. The bill was referred to the Insurance Committee.

HB 680 This bill, authored by Rep. Scot Turner (R-Holly Springs), amends Title 21 to provide that direct recording electronic voting systems not be used in elections in Georgia after January 1, 2019. The legislation requires that the State transition to a voting system that uses durable paper ballots and amends code sections that refer to or relate to use of electronic voting systems. The bill was referred to the Governmental Affairs Committee.

Sponsored and Co-Sponsored Pro-Military Legislation by Rep. Spencer

HR 888 This resolution, authored by Rep. Jason Spencer (R-Woodbine), creates a Joint Study Committee on Converting Closed Hospitals to Veterans Homes. The bill was referred to the Defense and Veterans Affairs Committee.

HB 676:  This bill would allow a court in Georgia to delay any proceedings on active duty military personnel if they got behind on paying their mortgages.  The courts would be able to stay any actions on default or other related matters until the service member finishes their military obligation.  The bill would suspend any foreclosure proceedings against the active duty member during the stay so their families could stay in their homes while serving their country. 

HB 677:  Allows for a homestead property tax exemption for active duty military during their time of service.  This exemption is not in lieu of any other homestead exemption. This policy will allow members of the military property tax relief while serving on duty in the military.

The House will be back in session on Monday, January 22, and we have another busy week ahead of us as the pace of the session continues to pick up. As we move forward, I encourage you to visit me at my capitol office, or call me if you have any questions or concerns regarding the state budget bills, the legislative process or any other measures being considered under the Gold Dome. As your representative at the Georgia State Capitol, I want to know what issues are most important to you, your family and our neighbors, and I welcome any opportunity hear feedback from my constituents. My capitol office is located at the Coverdell Legislative Office Building (CLOB) 501 Suite D, 18 Capitol Square NW, Atlanta, GA 30334.  My office phone number is 404-656-0177, and my email address is Jason.spencer@house.ga.gov.  Please reach out to me any time.  Thank you for allowing me to serve as your representative. Your Public Servant, Rep. Jason Spencer

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

Source: Email from Jason Spencer

Comments

The “Adoption Bill” is a “one size fits all” government solution to assume even more Court control over child adoption.

The $23 billion budget parcels out increases in spending for our “Nanny-State”.

The pandering to the military Bill allows veterans to delay forclosure.

Norb Leahy, Dunwoody GA Tea Party Leader