The final two days of the 2021 legislative session, saw the Georgia House of Representatives burning the midnight oil to ensure that all significant legislation had every chance to be considered. Senate Bill 117 was unanimously passed to close a Georgia loophole and give stricter punishment for certain individuals who engage in sexually explicit conduct with minors. This crime would specifically apply to a “person in a position of trust,” such as athletic coaches, educators or any other person whom a parent or guardian has trusted and entered into an agreement with to educate or supervise their child until the agreement has ended. The bill sees increased punishments with the charges becoming felony charges after the second crime. The House also gave final passage to Senate Bill 105 to reform the probation system in Georgia and streamline the process for those who seek to terminate their probation sentences early as a result of good behavior. Under this bill, offenders may petition to end their probation early if they have fulfilled the state’s required behavioral incentives, including paying all restitution owed, not having probation revoked in the past two years and not being arrested for anything other than a non-serious traffic offense. Several other bills were passed regarding education and schools including Senate Bill 107 that  would allow homeless or foster students to qualify for in-state tuition and Senate Bill 85, the “Max Gruver Act,” to expand how schools and state law address hazing among Georgia students. You can read the full update below.

Legislative Update

Week Twelve

Sine Die

 

My colleagues and I returned to Capitol Hill on Monday, March 29 for the final two days of the 2021 legislative session. The last day of session, Legislative Day 40, is commonly referred to as “Sine Die,” which is a Latin term meaning “without assigning a day for further meeting.” On Sine Die, the Georgia House of Representatives worked diligently until shortly after midnight to ensure that significant legislation had every chance to be considered this year.

During Legislative Day 39, we unanimously passed Senate Bill 117 to close a loophole in Georgia law by creating a new crime for certain entrusted individuals who engage in sexually explicit conduct with minors. This crime would specifically apply to a “person in a position of trust,” such as athletic coaches, educators or any other person whom a parent or guardian has trusted and entered into an agreement with to educate or supervise their child until the agreement has ended. The penalty for the first degree of the crime would be imprisonment between one to 25 years and a maximum fine of $100,000, and the punishment would increase depending on the age of the victim and the severity of the conduct. This bill would also establish increased punishments for a second degree of the crime for “improper sexual contact by a person in a position of trust,” as well as create a felony for subsequent offenses. SB 117 would ensure that these sexual predators receive adequate punishment for their crimes, and this week, the Senate agreed to the House’s version of this bill and sent it to the governor for consideration.

The House also gave final passage to Senate Bill 105 to reform the probation system in Georgia and streamline the process for those who seek to terminate their probation sentences early as a result of good behavior. Under this bill, offenders may petition to end their probation early if they have fulfilled the state’s required behavioral incentives, including paying all restitution owed, not having probation revoked in the past two years and not being arrested for anything other than a non-serious traffic offense. If the offender has met all of those requirements, the Georgia Department of Community Supervision (DCS) would be required to submit such information to the prosecuting attorney and court within 60 days of the expiration of the offender’s behavioral incentive date, and the court would be required to schedule this hearing as soon as possible and within three months of receiving the DCS’s report. This bill would also require a behavioral incentive date for all sentencing orders for certain first-time felony offenders, or a three-year behavioral incentive date would automatically be assigned to these offenders. By streamlining this early termination process through this bipartisan bill, our state could incentivize and allow more offenders to move forward in their lives. This bill has also been sent to the governor’s office.

My colleagues and I also passed legislation this week to extend educational opportunities to vulnerable students in our state. Senate Bill 107 would allow homeless or foster students to qualify for in-state tuition at University System of Georgia (USG) institutions for 10 years or until the student achieves a bachelor’s degree, as well as at Technical College System of Georgia (TCSG) institutions for 10 years or until the student achieves a diploma, certificate or bachelor’s degree. The bill also outlines that state-funded foster care assistance would not be considered as income in order to determine financial aid, and this bill would waive tuition and fees, such as mandatory rooming and board fees, for qualifying foster and adopted students who attend TCSG schools. Under SB 117, students would be required to first apply for FAFSA with help from the Division of Family and Children Services and use any federal aid available before remaining fees or tuition are waived. SB 107 would also encourage USG to adopt the same practice. This bill was also sent to the governor’s office this week, and if SB 107 is enacted into law, it could provide a pathway for homeless or foster students to earn a college degree and, eventually, a career.

We passed Senate Bill 85, the “Max Gruver Act,” to expand how schools and state law address hazing among Georgia students. Under current Georgia law, it is illegal for anyone to haze a student in connection with gaining acceptance to a membership, office or other status in a school organization, and the penalty for this crime is a high and aggravated misdemeanor. However, this bill would expand Georgia’s hazing laws to include coercing a student through the use of social or physical pressure to consume any food, liquid, alcohol, drug or other substance that would cause the student to vomit, become intoxicated or unconscious. This bill would also apply these laws to more student organizations, such as associations, corporations, orders or athletic teams that have students or alumni as its principal members, as well as include prospectively enrolled students. Furthermore, SB 85 would require certain colleges to establish policies to report and disclose hazing incidents among students and student organizations. Any adjudications regarding hazing within a school organization would be made public within 15 days of the settlement, and schools would be required to post certain details about these incidents on their website, excluding students’ personal information. This legislation is named after Max Gruver, a college student from Roswell, Georgia who died as a result of a hazing incident involving alcohol while he attended college out of state. SB 85 would strengthen Georgia’s hazing laws and help prevent hazing incidents in our state that are extremely harmful, and even deadly, for students.

Before adjourning Sine Die, the House fulfilled its only constitutional obligation by adopting the conference committee report on House Bill 81, the state’s Fiscal Year 2022 (FY 2022) budget. This budget for the next fiscal year begins July 1, 2021, and is set by a revenue estimate $27.2 billion, which is an increase of $1.34 billion, or 5.2 percent, over the original Fiscal Year 2021 budget that was passed last June. The state’s fiscal position has exceeded expectations since last year, and as a result, we were able to allocate approximately 90 percent of the new revenue for the FY 2022 budget to Georgia’s education and health and human services agencies. The upcoming fiscal year budget also restores 60 percent of the reductions made to K-12 education, as well as preserves and increases funding for our other top priorities, such as expanded mental health core and crisis intervention services, rate increases for health and human service providers, access to health care and salary increases for critical state workforce positions. Governor Brian Kemp will now review the budget bill before signing it into law.

The House also voted to give final approval to several other important bills this week, including House Bill 146, which would extend paid parental leave to many of our valuable state employees. HB 146 would provide up to 120 hours, or three weeks, of paid parental leave annually to eligible full-time state employees and local board of education employees for qualifying life events, such as after the birth of their child and after an adoptive or foster child is first placed in their home. House Bill 479 also received final passage on Sine Die.  HB 479 would clarify certain instances in which law enforcement officers may make arrests outside of their jurisdiction, as well as authorize retail stores, food service establishments and certain licensed private security professionals to detain someone if they reasonably believe an individual is committing a crime. We also adopted a conference committee report for Senate Bill 6, or the “Tax Credit Return on Investment Act of 2021,” which would establish opportunities to examine our state’s tax revenue structure, as well as expand tax incentives for several industries to restore our economy. We also gave final passage to Senate Bill 195 to increase the responsibilities of the Georgia Access to Medical Cannabis Commission and allow licensed low THC oil producers to partner with universities and colleges, such as Georgia’s historically black colleges and universities, for joint medical research.  House Bill 154 also received final approval and would reform several of Georgia’s adoption and foster care laws, including lowering the age at which a person is allowed to petition for adoption from 25 to 21 years old.  These bills will also undergo consideration by the governor, as well as several other pieces of legislation.

Now that the 2021 legislative session has come to an end, Governor Kemp will begin reviewing all legislation that received final passage in the House and Senate. The governor can sign or veto legislation over the next 40 days, and any legislation that has not been signed or vetoed will automatically become law. With this session behind us, I will be spending more time in our district, where I look forward to continuing to serve you and your family. Please do not hesitate to contact me if you have any questions regarding bills that passed this session or suggestions for future legislation. You can reach me throughout the year at my Capitol office at 404-656-7850, or by email at Eddie.Lumsden@house.ga.gov. Also, since I will be spending more time in our district now, feel free to contact me locally at 706-506-3360.

As always, thank you for allowing me to serve as your representative for House District 12.

 

Eddie Lumsden