The General Assembly returned to the State Capitol today to begin an abbreviated Super Bowl week that looks to become even shorter. While the legislature was scheduled to be in full swing the first three days of this week, only a skeleton crew is expected in the halls tomorrow as winter weather threatens North Georgia. Still, the House plans to gavel in tomorrow afternoon (most assuredly without a quorum) to burn a legislative day. But rest assured, our team will be monitoring the chambers and meeting rooms, and, if there is any action of note, you’ll find it in tomorrow’s #GoldDomeReport. 

In today’s Report:

• House Appropriations Subcommittees Hear AFY 2019 Budget Proposals
• Senate Committees Hold Organizational Meetings
• New Legislation

House Appropriations Subcommittees Hear AFY 2019 Budget Proposals

Two subcommittees of the House Appropriations Committee met today to hear, again, from agency leaders on their budget requests for the Amended FY 2019 spending package. While much of the presentation content mirrored last week’s presentations, legislators took today’s meetings as opportunity to ask more questions after digesting the actual requests:

House Appropriations Committee -- Human Resources Subcommittee

The Human Resources Subcommittee of the House Appropriations Committee, chaired by Rep. Katie Dempsey (R-Rome), met today to consider the Amended FY 2019 budget proposals introduced by Governor Kemp earlier this month. Mike Roby, Commissioner of the Department of Veterans Services, presented the department’s budget additions for the remainder of FY 2019, which consist of $9,627 for administrative costs related to increases in administered self-insurance programs. The Department of Human Services, led by Commissioner Robyn Crittendon, walked through its proposed additions in the Amended FY 2019 budget, which consists of $10,788,562 in additional funds. Commissioner Crittendon highlighted a few specific areas of increase:

• $26,423 increase to fund long-term care ombudsman in order to comply with new federal regulations.
• $153,745 increase to help implement the Families First legislation primarily in the expansion of IT programs such as the TRAILS (Tracking of Residential Applications, Incidents, and Licensing System).

The Division of Family and Child Services’ Interim Director Tom Rawlings gave a brief overview of DFCS’ budget requests. These include:

• $504,000 to assist with Family First Prevention Services Act Implementation which will go toward a readiness assessment for congregate foster care settings to become accredited residential treatment programs.
• $808,210 in existing funds to support retention programs for eligible relative foster programs.

The Georgia Vocational Rehabilitation Agency’s request was represented by Executive Director Sean Casey. GVRA asked for a total increase of $8,000 in the Amended FY 2019 budget. These additional funds will go to some of the agencies programs to assist blind individuals in vocational training.

Lastly, The Department of Behavioral Health and Developmental Disabilities’ Commissioner Judy Fitzgerald presented its Amended FY 2019 proposal. Some of the more notable line items include:

• $8.4 million to help proliferate the Apex program in Georgia schools. Currently the Apex program operates in 50% of Georgia’s county and 55% of school districts. The Department rolled the program out across the state in an even manner to identify the needs in various types of schools across the state. The Apex program calls for new  counseling and other mental health and wraparound services delivered by the community service boards in schools. There are 412 schools currently being served and there is already money in the Amended FY 2019 budget. The $8.4M is for additional  expansion as part of Governor Kemp’s pledge to increase mental health services in schools as part of his first budget process as head of the Executive Branch.
• $7,054,652 in Medicaid Loss Funding to offset costs associated with the operation of state hospitals after a loss in medicaid patient revenues.
• Approximately $10mm increase under both Adult Developmental and Adult Mental Health categories to meet requirements of the Administrative Service Organization (ASO).

House Appropriations Committee -- Education Subcommittee

The Education Subcommittee of the House Appropriations Committee, chaired by Rep. Robert Dickey (R-Musella), met today to consider the Amended FY 2019 budget proposal introduced by Governor Kemp earlier this month. Ted Beck, Chief Financial Officer for the Department of Education (“DOE”), presented the major changes requested in DOE’s midyear budget, which include:

• $131,481,397 increase to the Quality Basic Education Program to reflect midyear adjustments to funds necessary under the QBE formula. Mr. Beck noted that although the student population has decreased (as expected), the population has been receiving more intensive and expensive services than anticipated, which accounts for most of the budget increase. The addition also includes additional funds necessary for the State Commission Charter School Supplement following HB 787 last session, growth in demand for the Special Needs Scholarship, and correction of errors in school district reporting. Rep. Wes Cantrell (R-Woodstock) inquired about whether the increase in students needing services is cyclical or linear, to which Mr. Beck noted that it appears linear and that a similar request would need to be incorporated in the FY 2020 budget. Rep. Cantrell stated that he would like to see more explanation regarding the outlook for growth in the student population needing more services to find out if schools are doing a better job identifying these students or if there is a larger trend that needs to be addressed.
• $68,820,000 increase for one-time School Security Grants. This increase provides $30,000 per public school for use in capital expenses as well as services such as threat assessments. Rep. Mike Glanton (D-Jonesboro) asked whether public charter schools would receive these funds, to which Mr. Beck indicated that he understood that such schools would receive the funds.
• $3,500,000 increase for Audio-Video Technology and Film Grants. These grants are provided to schools that have existing AV Technology courses and pathways, and between 70 and 80 of the grants (worth about $25-30K each) are awarded each year. Chairman Dickey inquired if there was a waiting list for the grants and if all the money was needed immediately, to which Mr. Beck responded that there is a waiting list, but it will take some time to spend all of the money.
• $286,000 increase for Information Technology Services to replace a data storage device. Mr. Beck noted that the useful life for these devices is around 5 years.
• $18,197,004 reduction to the Quality Basic Education Local Five Mill Share to reflect a midterm adjustment to the Local Five Mill Share for State Commission Charter Schools per HB 787.

The Subcommittee also heard from Joy Hawkins, Executive Director of the Governor’s Office of Student Achievement. She provided an overview of GOSA’s mission and work, and she highlighted GOSA’s only request in the AFY 2019 budget, a $215,350 increase for Advanced Placement (AP) exams to meet the projected need. Chairman Dickey called on Ms. Hawkins to work at including more rural students in the Governor’s Honors Program.

Senate Committees Hold Organizational Meetings

As the General Assembly got back to work today, several Senate Committees (including Finance, Education & Youth, and Judiciary) convened for their first meetings of the new session. Although the meetings were largely perfunctory, chairmen and members did take the opportunities to lay out their visions for the coming session. In the Senate Education & Youth Committee meeting, new chair Sen. P.K. Martin IV (R-Lawrenceville) welcomed his members but also made known his interest in having open, candid discussions in the committee that keep student welfare at the core. Sen. Jesse Stone (R-Waynesboro), Chairman of the Senate Judiciary Committee, briefly touched on the function of Judiciary Committee Subcommittees which he said allow the members to spend more time on important legislation. Subcommittee Group A will be Chaired by Sen. Bill Cowsert (R-Athens) and Group B by Sen. William Ligon Jr. (R-Brunswick). Other Senate (and House) committees are expected to hold organizational meetings later this week, weather permitting, and begin taking up legislation as soon as Wednesday.

New Legislation

The following legislation of interest was introduced in the House today:

• HB 17, authored by Rep. Sandra Scott (D-Rex), amends Title 16 to prohibit smoking of any tobacco product in any vehicle in which a child under the age of 13 is present. It classifies this act as a misdemeanor, punishable by a fine up to $100.00. The bill was assigned to the House Judiciary Non-Civil Committee.
• HB 30, authored by Rep. David Ralston (R-Blue Ridge), is the Amended FY 2019 Budget. The bill was assigned to the House Appropriations Committee.
• HB 31, authored by Rep. David Ralston (R-Blue Ridge), is the FY 2020 Budget. The bill was assigned to the House Appropriations Committee.
• HB 32, authored by Rep. Kevin Tanner (R-Dawsonville), amends Title 20 to clarify duties of the Chief Turnaround Officer and establish the Georgia Turnaround Collaborative to increase the alignment and coherence of efforts to address the academic and nonacademic needs of students attending turnaround schools and their families. The bill also provide stipends for turnaround instructional innovation specialists and will allow conversion of the stipend to a permanent salary step increase after three years of receipt. The bill was referred to the House Education Committee.
• HB 36, authored by Rep. Robert Trammell (D-Luthersville), amends Title 20 to establish a HOPE Tuition-Free Grant for students seeking a certificate or diploma in the Technical College System of Georgia. The bill was referred to the House Higher Education Committee.
• HB 37, authored by Rep. Robert Trammell (D-Luthersville), is the Expand Medicaid Now Act. The bill amends Title 49 to authorize appropriations for the purpose of accessing additional federal funds and expanding Medicaid in Georgia. The bill was referred to the House Appropriations Committee.
• HB 38, authored by Rep. Rhonda Burnough (D-Riverdale), amends Title 16 to define the term “conviction” for purposes of the theft crimes provided for in statute. The bill was assigned to the House Judiciary Non-Civil Committee.
• HB 39, authored by Rep. Dave Belton (R-Buckhead), is the Physical Therapy Licensure Compact Act. The bill amends Title 43 to enter into the interstate compact, which will allow eligible physical therapists to practice across state lines. The bill was assigned to the House Interstate Cooperation Committee.
• HB 40, authored by Rep. Sandra Scott (D-Rex), amends Title 20 to require local school systems to conduct screenings for all students in grades K-2 for dyslexia and for students in grades 3-12 if, in the opinion of the teacher, a such student has difficulty in certain areas, including phonological and phonemic awareness, sound symbol recognition, decoding skills, rapid naming skills, and encoding skills. The bill requires that State School Superintendent employ a professional in the position of dyslexia consultant so as to assist DOE and school systems to comply. The bill was assigned to the House Education Committee.
• HB 42, authored by Rep. Scot Turner (R-Holly Springs), amends multiple titles to prohibit 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. The bill was referred to the House Higher Education Committee.
• HB 43, authored by Rep. Ed Setzler (R-Acworth), amends Title 16 relating to sexual assault by persons with supervisory or disciplinary authority over persons, including elementary or secondary students, correctional inmates, and probationers, and certain persons who provide healthcare or psychotherapy services. Specifically, the bill creates two degrees of such sexual assault committed by such persons (Georgia law currently only provides for one degree). Under the bill, a person would commit second degree sexual assault when he or she engages in "sexual contact" with a subordinate, while the person would commit the offense in the first degree when he or she engages in "sexually explicit conduct" with a subordinate, as defined in the bill. The legislation also provides for sentencing guidelines for first degree sexual assault which are escalated from that currently provided in law for such sexual assault(which the bill converts to second degree). The bill was assigned to the House Judiciary Non-Civil Committee.

The following legislation of interest was introduced in the Senate today:

• SB 9, authored by Sen. Harold Jones II (D-Augusta), amends Title 16 to provide penalties for coercing an individual over the age of 18 to perform a variety of sexually explicit acts, including: engaging in sexually explicit conduct or distributing any form of media that depicts the individual in a sexually explicit act. The bill was referred to the Senate Judiciary Committee.
• SB 10, authored by Sen. Harold Jones II (D-Augusta), amends Title 16 to provide that possession of up to two ounces of marijuana shall constitute a misdemeanor. The bill also provides that possession of one half ounce or less is punishable only by fine. The bill was referred to the Senate Judiciary Committee.
• SB 11, authored by Sen. Harold Jones II (D-Augusta), amends Title 21 to remove felonies involving marijuana from the list of offenses for which an individual's right to vote is suspended. The bill was referred to the Senate Judiciary Committee.
• SB 28, authored by Sen. Lester Jackson (D-Savannah), amends Title 38 to prohibit insurers from charging a higher copayment, coinsurance, or office visit charge for services rendered by a physical therapist, occupational therapist, or chiropractor than that charged for a primary care physician or osteopath. The bill was referred to the Senate Health and Human Services Committee.
• SB 30, authored by Sen. Kay Kirkpatrick (R-Marietta), amends Title 21 to allow for the electronic return of absentee ballots of Uniformed and Overseas Citizens Absentee Voting Act electors. The bill was referred to the Senate Ethics Committee.
• SR 30, authored by Sen. Kay Kirkpatrick (R-Marietta), recognizes February 6, 2019, as X & Y Chromosome Variations Awareness Day at the State Capitol. This Resolution was Read and Adopted by the Senate.