2022 Legislative Session: the Good, the Bad and the Ugly

By State Representatives Sandra Scott (D-Rex), Kim Schofield (D-Atlanta) and Viola Davis (D-Stone Mountain)

(1,608 words)

            The 2022 legislative session was both significant and productive for the three of us, and we were able to play a critical role in speaking up for our constituents and Georgians. We want to bring your attention to legislation that we believe was either “good,” “bad” or just plain “ugly.” We also want to highlight several pro-veteran bills that we supported during session.

The “Good” Bills

            House Bill 1013, or the Mental Health Parity Act, is a bipartisan legislative effort to expand mental health services in Georgia. The main portion of this new law will allow the state insurance commissioner to enforce a federal parity law, which means behavioral health challenges, such as depression or substance use disorders, will be covered by insurance to the same degree physical issues. We are also glad that HB 1013 will create service cancellable loans for those working in the mental health field in underserved areas and increase funding for services, and this bill includes a number of other provisions we think are beneficial. We are pleased that this historic bill has already been signed into law.

            House Bill 1335 would align Georgia’s state holidays to 13 federal holidays, allowing Georgia’s state employees to observe Juneteenth, and this bill would also designate “Public Safety Week” each September. HB 1335 has been sent to the governor and was sponsored by State Rep. Calvin Smyre (D-Columbus), dean of the House and our soon-to-be U.S. Ambassador to the Dominican Republic.

            House Bill 1283 would require public elementary schools in Georgia to offer recess on most school days, and this bill would ensure that recess is not withheld for disciplinary or academic reasons. The legislation was championed by State Rep. Demetrius Douglas (D-Stockbridge) and has been sent to the governor.

            House Bill 1405 would change the ‘Zoning Procedures Law’ to establish procedures and notice requirements for specified zoning hearings before quasi-judicial officers, boards or agencies. The legislation was introduced by State Rep. Shea Roberts (D-Atlanta) and has been sent to the governor.

            House Bill 923 wouldset a limit to the per diem allowance paid to development authority directors. HB 923 would also allow the Georgia Government Transparency and Campaign Finance Commission and local ethics boards or offices to have concurrent jurisdiction over ethics violations of development authority members. This bill would also establish and clarify the procedures for ethics violation hearings of development authority members. HB 923 was championed by State Rep. Mary Margaret Oliver (D-Decatur) and has been sent to the governor.

            House Bill 1390 would create a cause of action for individuals working for a local government if that local government takes a work-related adverse action against the individual because that individual has opposed sexual harassment, filed a complaint related to sexual harassment or tried to participate in an action or proceeding related to sexual harassment. The legislation was championed by State Rep. Teri Anulewicz (D-Smyrna) and has been sent to the governor.

            House Resolution 626 would allow the state to provide $480,000 to Kerry Robinson as compensation for his wrongful conviction using funds appropriated in the state budget. The legislation was championed by Rep. Scott Holcomb (D-Atlanta) and has been sent to the governor.

            House Bill 937 wouldrequire the Georgia Department of Community Health to provide Medicaid coverage for mammograms at no cost to the patient as long as the screening is recommended based on the patient’s health status. The legislation was championed by State Rep. Sharon Henderson (D-Covington) and has been sent to the governor.

The “Bad” Bills

            House Bill 1150, or the Freedom to Farm Act, has been sent to the governor, but we strongly opposed this bill during session. We believe this bill would limit the ability of nearby landowners to take legal action against certain farms or agricultural-related processing facilities, such as slaughterhouses, because of noises, smells or other operations that can be intrusive or disruptive to neighbors. We also believe that HB 1150 would make it harder for farmers and other Georgia property owners to protect themselves from nuisance operations moving in next door. The bill went through various changes, but this bill was not improved enough to receive our support. We do not think that these revisions protect property rights of individuals.

            Senate Bill 441, the Criminal Records Responsibility Act, primarily focuses on enhancing how our state and local governments maintain and share criminal records. However, we also voted against the final version of this bill because of a provision that would give the Georgia Bureau of Investigation (GBI) the authority to investigate election fraud complaints. Currently, the GBI assists the Secretary of State’s election investigators, but the GBI would be able to launch election inquiries and subpoena records on its own under this bill. The upcoming state budget also includes nearly $580,000 for four GBI positions to investigate election complaints. SB 441 has been sent to the governor.

            Senate Bill 319, the Georgia Constitutional Carry Act of 2021, was recently signed into law to repeal the requirement for a weapons carry license (WCL) for those who are eligible to possess and carry a firearm. This law excludes those who have previous drug convictions, those who have been convicted of a felony or are currently facing felony charges and those who have been treated for mental health or substance abuse issues in the last five years. We think that the true irony of this bill is that firearms will still be prohibited in government buildings that have security at the entrance, which includes the Georgia Capitol and secured areas in airports. We believe that the WCL permitting process can help prevent dangerous individuals from carrying these weapons in public, and we believe that getting rid of the WCL opens the door to more people carrying guns and committing violence.

The “Ugly” Bills

            House Bill 1, the Forming Open and Robust University Minds Act (FORUM), would eliminate public universities and technical colleges’ ability to designate areas of campus as “free speech zones,” and instead, would allow free expression in all generally accessible common areas on campuses. Proponents of this bill claim that it would protect students’ First Amendment Rights, but we vehemently disagree. This bill has been sent to the governor.

            House Bill 1084 was one of our biggest legislative issues from this session as it would limit nine subjects that proponents consider to be “divisive concepts” from being taught in Georgia’s classrooms. We oppose this bill because it could ban the teaching of race or gender in Georgia public schools. We are also concerned that this bill would create new barriers for transgender students to participate in school sports. This bill has been sent to the governor.

            House Bill 1178 would establish the “Parents’ Bill of Rights” and would give parents and guardians the right to review all instructional materials taught in K-12 schools. The school’s principal or the district’s superintendent would have three days to produce these documents once a request has been filed, and schools could take up to 30 days to process this request if the documents take longer to produce. Instead of focusing on teaching our students, we believe that public schools would be forced to take on the excessive burden of fielding these types of requests. This bill has been sent to the governor.

            Senate Bill 514, the Unmask Georgia Students Act, will prevent schools from enforcing mask mandates by allowing parents to opt out of having their children participate in a mask policy. We believe schools should have the power to create and enforce their own mask policies. This legislation has been signed into law and will be effective through June 2027.

            Senate Bill 226 would require local education boards to create a complaint resolution policy for their schools by January 1, 2023. We oppose this bill because it aims toexpedite the book removal process by putting the decision in the principal’s hands and giving them only 10 days to review the complaint. If books are challenged by parents, we believe it is better handled by school panels that include school librarians, teachers and parents – not just the school’s principal or designee.

Legislation to Support Veterans

            We also voted “yes” on a number of bills that would support veterans in Georgia. House Bill 1064 would create a military retirement income tax exemption for the first time in Georgia history. House Bill 884 would provide expedited licenses by endorsement for military spouses within 90 days of applying. Senate Bill 96 would allow notaries to accept a Veterans Health Identification Card from the U.S. Department of Veterans Affairs as a confirmation of identity; SB 96 was sponsored by State Sen. Lester Jackson (D-Savannah). In honor of the late State Sen. Jack Hill, Senate Bill 87 would give taxpayers an opportunity to donate all or a portion of their annual tax refund to technical school scholarships for disabled veterans; SB 87 was introduced by State Sen. Michael “Doc” Rhett (D-Marietta). Each of these bills received final passage and have been sent to the governor.

What’s Next in the Legislative Process

            The lawmaking process is now turned over to Governor Brian Kemp. All bills that received final passage in both the House and Senate have been sent to the governor’s desk for his signature. State law gives the governor 40 days to sign his name on the legislation, and he can also veto bills during this period. If he does not veto a bill, the measure will automatically become law.

            Please do not hesitate to reach out to us to voice your support, concerns or questions regarding any legislation during this 40-day period. You can reach us at sandra.scott@house.ga.gov, kim.schofield@house.ga.gov and/or viola.davis@house.ga.gov.

Representative Sandra Scott represents the citizens of District 76, which includes portions of Clayton and Henry counties. She was first elected to the House of Representatives in 2010 and currently serves on the Defense & Veterans Affairs, Human Relations & Aging, Legislative & Congressional Reapportionment, Science and Technology and Special Rules committees.

Representative Kim Schofield represents the citizens of District 60, which includes portions of Clayton and Fulton counties. She was elected to the House of Representatives in 2017 and currently serves on the Health & Human Services, Interstate Cooperation, Information and Audits and Small Business Development committees.

Representative Viola Davis represents the citizens of District 87, which includes portions of DeKalb County. She was elected to the House of Representatives in 2018 and currently serves on the Natural Resources & Environment, Insurance, Interstate Cooperation and Science and Technology committees.

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