Legislative Update: March 2017

With one week to go before Crossover Day, the legislative session has
moved into high gear.  Crossover Day will be on Friday, March 3, and is the final day for legislation to move from one chamber to the next and still be considered viable legislation for this year.  It’s important to note that because 2017 is the start of a two-year legislative session, bills that have not passed one chamber by March 3 can still be considered for passage in 2018.  For the first time, there are a number of bills that address LGBT rights. 

While none of them have currently been scheduled for hearings, they will all remain viable bills past March 3.  If they do not pass their respective chambers by Crossover Day we will continue to advocate for passage of these bills and will be working with legislative allies to ensure that they receive hearings over the summer or fall in preparation for 2018.

The primary bills we are advocating for are the civil rights bills HR 404, HB 488, SB 119 and HIV related bills HR 240 and HB 161.  However, there are several bills of interest to the LGBT community and people living with HIV.  They are listed below.

LGBTQ Rights

HB 16 – Sponsored by Representatives Keisha Waites, Dexter Sharper, Erica Thomas, Sandra Scott, and Sheila Jones: 

A BILL to be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to revise provisions relating to bullying; to prohibit bullying and harassment of students and school employees; to require annual reporting of bullying and harassment incidents; to provide for definitions; to provide for requirements for local boards of education and state charter schools; to provide for requirements for the Department of Education; to provide for statutory construction; to provide for legislative findings; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

http://www.legis.ga.gov/Legislation/20172018/164127.pdf

 Referred to the Committee on EDUCATION

HB 21 – Sponsored by Rep. Roger Bruce.  

A BILL to be entitled an Act to amend Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, so as to define certain terms; to create the Division of Supplier Diversity; to provide for appointment of a director; to provide for powers and duties of the director; to create the position of minority and women owned business enterprises state-wide advocate; to provide for appointment; to provide for duties; to provide for provisions for state contracts; to provide for a state-wide disparity study; to provide for contents; to provide for the structure of procurement contracts; to provide for rules and regulations; to provide for the implementation of rules and regulations; to repeal conflicting laws; and for other purposes.

http://www.legis.ga.gov/Legislation/20172018/162604.pdf

Referred to Committee on Government Affairs. 

HB 230 – Sponsored by Representatives Rhonda Burnough, Spencer Frye , Park Cannon, Kimberly Alexander, Robert Trammell, Derrick Jackson and others.

A BILL to be entitled an Act to amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to require that  otherwise eligible schools or programs maintain nondiscriminatory practices in order to qualify to receive scholarship disbursements; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

http://www.legis.ga.gov/Legislation/20172018/164191.pdf

Referred to the Committee on HIGHER EDUCATION

HB 488 –  Sponsored by Representatives Stacey Evans, Karla Drenner, Pedro Marin, Sandra Scott, Sam Park

A BILL to be entitled an Act to provide comprehensive state civil rights law protecting individuals from discrimination in housing, public accommodations, and employment; to provide for legislative findings and intent; to amend Article 4 of Chapter 3 of Title 8 of the O.C.G.A., relating to fair housing, so as to prohibit discrimination in housing; to amend Title 10 of the O.C.G.A., relating to commerce and trade, so as to protect the right to equal enjoyment of and privileges to public accommodations; to amend Chapter 1 of Title 34 and Title 45 of the O.C.G.A., relating to labor and industrial relations generally and public officers and employees, respectively, so as to prohibit discrimination in private and public employment; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

http://www.legis.ga.gov/legislation/en-US/Display/20172018/HB/488

HR 404 – Sponsored by Representatives Stacey Evans, Wendell Willard, Sandra Scott, Sam Park, Karla Drenner and Pedro Marin:  

A resolution to create a joint House and Senate Study Committee on Comprehensive Civil Rights legislation.   This bi-partisan bill would develop a process to look at the need for comprehensive civil rights in Georgia with a goal of drafting bi-partisan legislation or issuing a report for recommended action prior to the 2018 legislative session.

http://www.legis.ga.gov/legislation/en-US/Display/20172018/HR/404

SB  66 –  Sponsored by Senators Lester Jackson, Vincent Fort, Gloria Butler, Michael Rhett, Harold Jones,  Valencia Seay

Requires that at least one minority person be interviewed during the process of filling vacancies of executive heads of state agencies;

http://www.legis.ga.gov/Legislation/en-US/display/20172018/SB/66

Referred to Government Oversight Committee.

This bill defines minority persons as an American citizen who is Black, Asian Pacific American, Asian Indian American, Hispanic and Native American.

SB 30 – Sponsored by Senators Vincent Fort, Nan Orrock, Valencia Seay, Elena Parent, Curt Thompson, Steve Henson. 

A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for Sustainable Community School Operational Grants; to provide for definitions; to provide for planning and implementation grants; to provide for applications for grants; to require the development of community school plans; to provide for requirements for grant recipients; to delineate the purposes for which grant funds may be used; to provide for reports; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

http://www.legis.ga.gov/Legislation/20172018/162943.pdf

Referred to the Committee on Education and Youth. 

This legislation has an inclusive non-discrimination policy requirement.  It doesn’t otherwise address any LGBT priority issues, though could pave the way for funded partnerships with LGBT issue focused advocacy and support groups.

SB 119 – Sponsored by Senators Lester Jackson, Vincent Fort, Horacena Tate, Valencia Seay, Steve Henson, Michael Rhett

A BILL to be entitled an Act to prohibit discrimination under certain circumstances; to amend Article 4 of Chapter 3 of Title 8 of the O.C.G.A., relating to fair housing, so as to prohibit discrimination based on sexual orientation or gender identity; to amend Title 10 of the O.C.G.A., relating to commerce and trade, so as to protect the right to equal enjoyment of and privileges to public accommodations; to provide for purposes; to amend Title 45 of the O.C.G.A., relating to public officers and employees, so as to change certain provisions relating to the “Fair Employment Practices Act of 1978” and the merit system to prohibit discrimination based on sexual orientation or gender identity; to amend the O.C.G.A., so as to prohibit discrimination based on sexual orientation or gender identity; to provide for related matters; to repeal conflicting laws; and for other purposes.

http://www.legis.ga.gov/Legislation/en-US/display/20172018/SB/119

Referred to Senate Judiciary

SR 105 – Sponsored by Senators Heath of the 31st, Shafer of the 48th, Cowsert of the 46th, Kennedy of the 18th, Mullis of the 53rd and others: 

A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or faith based organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

http://www.legis.ga.gov/Legislation/en-US/display/20172018/SR/105

Referred to Government Oversight Committee.

HIV and Health Policy

HB 71 – Sponsored by Representatives Richard Smith, Jay Powell, Johnnie Caldwell, Terry Engalnd, Mandi Ballinger  

A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for consumer protections regarding health insurance; to provide for definitions; to provide for disclosure requirements of providers, hospitals, and insurers; to provide for network composition; to provide for billing and reimbursement of in-network and out-of-network services; to provide for payment of emergency services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

http://www.legis.ga.gov/legislation/en-US/Display/20172018/HB/71

This legislation would protect consumers from so-called “Surprise Billing.”  It has received strong bi-partisan support and broad support from health advocates.  It has been heard in the House Insurance Committee and reported favorably. It awaits a vote in the full House.

HB 161- Sponsored by Representatives Betty Price, Bruce Broadrick, Mark Newton, Deborah Silicox, Sharon Cooper. 

Provides that employees and agents of harm reduction organizations are not subject to certain offenses relating to hypodermic needles.

http://www.legis.ga.gov/Legislation/20172018/163766.pdf

It has been heard in the House Health and Human Services Committee and reported favorably. It awaits a vote in the full House.

HB 188 – Sponsored by Representatives Stacey Abrams, Robert Trammell, Bill McGowan, Pat Gardner 

A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for the authorization of appropriations for the purposes of obtaining federal financial participation for medical assistance payments to providers of Medicaid expansion under the federal Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act of 2010; to provide for a maximum percent of the federal poverty level; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

http://www.legis.ga.gov/Legislation/en-US/display/20172018/HB/188

The “Expand Medicaid Now Act” has been assigned to the House Appropriations Committee

HR 240 – Sponsored by Representatives Sharon Cooper,Wendal Willard, Carolyn Hugley and Bruce Broadrick.

A RESOLUTION creating the Joint Study Committee on Reforming HIV Related Criminal Laws; and for other purposes.

http://www.legis.ga.gov/Legislation/20172018/164998.pdf

Referred to Committee on Special Rules