Summary Report on the 2008 Legislative Session
Voices for Georgia's Children continues to raise its voice under the Gold Dome, to the business and civic community, with administrative agencies, and in coalition with our partners to advocate the adoption of policies and the responsible allocation of resources to promote the wellbeing of all of our state’s children.
We are committed to achieving, by 2015, five objectives for child wellbeing that address the safety, health, education, connectedness and employability of youth. Change can happen when children are made a priority, and Voices’ goal is to focus policy makers’ attention on positive changes that can be made to ensure that our children have better outcomes in education, are safe from abuse, stay out of trouble, and receive affordable, quality and comprehensive health care.
In a year when little happened in the legislature to markedly improve children’s outcomes, we offer a report that attempts to describe the legislative climate for kids; celebrate the passage of legislation and appropriation of funding that will have some positive impact; and provide a window onto issues on which we will continue to work.
Budget and Taxation
During the 2008 legislative session, it was hard for Voices to avoid the debate on taxes that dominated the 40-day legislative period. Without taking a position on which tax cut bill was better or whether tax reform is necessary, we were very mindful of the potential impacts of large reductions in the budget that might result from the proposed tax cuts, especially as state revenues showed clear signs of decline.
Voices for Georgia’s Children was concerned about the impact that such a loss of revenue could have on vital programs such as PeachCare, Medicaid, and public education that serve children in Georgia. With these concerns in mind, Voices joined partners such as the PTA, the disability community, the AARP and other advocates in questioning the wisdom of cutting revenues at this time. Yet, it was the combined effects of strong opposition by local governments, the alarm bells raised by Governor Perdue about the plans, and the unwillingness of the Speaker and the Lt. Governor to negotiate that ultimately caused the demise of the tax reform efforts just hours before Sine Die.
Budget decisions made in 2008 yielded some good news for Georgia’s children. Senate Appropriations Human Development Subcommittee Chairman Renee Unterman and House Appropriations Human Services Subcommittee Chairman Mark Butler worked together to ensure the inclusion of over $20 million dollars in the FY 09 budget for additional child care subsidy slots. Voices and our partners worked tirelessly to advocate for more slots to ease the 12,000-14,000 family waiting list. During budget hearings, we were concerned to hear DHR describe its intent to actually decrease the number of subsidized child care slots and to use the funds for other priorities of the department.
On several occasions, DHR officials described child care as “a nice thing to have” but “not a priority.” Fortunately, we had a legislative ally who agreed with us that safe, affordable, quality childcare should, indeed, be a priority. We are hopeful that the new funds will be spent by DHR on child care as the legislature has intended, but we remain mindful that DHR has traditionally transferred funds out of the child care program to meet needs in other programs. The legislature has no power to force the Department to spend the money on childcare.
The FY 09 budget has several other initiatives that are important to children’s advocates including modest pay increases for teachers and child care professionals and reduction of the education austerity cuts by about 1/3. The budget increases Medicaid and PeachCare rates for physicians. It includes the extension of Medicaid benefits to foster care children until they reach the age of 21 as well as $560,000 for a regional assessment center to serve victims of child sexual exploitation. It continues the Governor’s commitment to increasing the availability of pre-K by providing an additional $6.4 million in lottery funds. This funding will provide a modest increase of 1,000 slots, bringing the total available slots in the Georgia pre-K program to 79,000.
There are items of concern in the budget as well. The Medicaid budget reflects a reduction of approximately $30 million due to the Department’s anticipation of a drop in enrollment. This is concerning because a souring economy should lead to more enrollment, not less and, in this event, the cut will lead to a deficit in the Medicaid budget which currently serves approximately 800,000 children.
Safety
Voices opposed HB 89 which, if signed by Governor Perdue, would impact the safety of Georgia’s children by allowing firearms in parks, on public transportation, and at restaurants that serve alcohol. Children in many parts of the state ride public transit to school, to school events and to after-school jobs. They take the bus to and from football and basketball games, school dances and to summer school. They not only are patrons at restaurants but they often work as busboys and waiters. Young people and their families regularly visit and enjoy our state's many popular and beautiful parks, historic sites and recreational areas. State parks and recreational areas are favorite locations for young people, particularly in communities that have few other options for youth entertainment that is safe and uplifting. At the beginning of the legislative session, the strong opposition to HB 89 by the Chamber of Commerce was thought to virtually guarantee that the bill would not reach final passage, and Voices was called naïve by some for even highlighting it on our legislative agenda.
In fact, the House and Senate passed different versions of HB 89 and the bill seemed destined to die without a conference committee. However, in the final week of session the momentum shifted. Amendments were adopted to the “guns-in-parking–lot” portion of the bill which then removed the Chamber’s strong opposition based on property owners’ rights. While provisions allowing concealed weapons in private schools and sporting events were stripped from the bill, legislation that Advocates for Safer Communities calls “the most impactful language on firearms that we have seen in the last 15 years” was passed on the last day of session and subsequently signed by the Governor despite the urging of members of the business and law enforcement communities including, notably, the Restaurant Association.
The General Assembly took some steps this session to protect children from the dangers of commercial sexual exploitation. SR 445, establishing a joint study committee on the issue, passed. The study committee will look at the problem of how children are lured into commercial sexual exploitation in Georgia, appropriate treatment for victims, and possible changes needed in the law to address these problems. House members of the study committee are Rep. Calvin Hill, Co Chair, Rep. Amy Carter, and Rep. David Ralston. Senate members have not yet been appointed. A House Study Committee for the Protection of Abused and Neglected Children was also established this session. That Study Committee will be charged with studying issues related to termination of parental rights in abuse and neglect cases as well as studying and evaluating laws and practices related to the sexual exploitation of children. Members of this study committee are Rep. Calvin Hill, Co Chair, Rep. Kathy Ashe, Co Chair, Rep. Stephanie Benfield, Rep. Jan Jones, Rep. Willie Talton, and Rep. Len Walker. Finally, the budget contains $560,000 for a regional assessment center to assist girls who have been prostituted.
SB 1 also passed essentially re-enacting residency restrictions for sex offenders. Voices joined a coalition of other organizations, including the Barton Clinic and the Network to End Sexual Assault, to oppose the bill. Although we believe that SB 1 was a well-intended attempt to ensure the safety of children, the research does not support the claim that residency restrictions provide children with protection against sexual abuse. In fact, the majority of child sexual abusers are individuals who the child knows. According to DHR’s 2006 Child Protective Services data, 94% of child sex abuse victims knew their abuser and 75% of abusers were related to their victims. Moreover, we are concerned that the residency restrictions might force known child sexual offenders to “go underground” out of desperation and become lost to law enforcement.
Healthcare
On the healthcare front in 2008, Voices for Georgia's Children opposed HB 977 which provides tax incentives for companies that offer high deductible health plans. Proponents of the bill argued that it would make affordable insurance accessible to more Georgians. Voices believes, however, that the legislation does very little to make health care affordable for families. Families who are covered by such plans would not be guaranteed coverage of annual check ups and they would have very high out of pocket costs for visits to the doctor to treat illness or chronic conditions such as asthma, increasing the likelihood that parents would not seek treatment or seek it only when the illness was in a more advanced stage. While a broad coalition comprised of children’s advocates, the AARP, the ob/gyns, the Cancer Society, the Women’s Policy Group and others worked to oppose the bill, the Georgia Medical Association and the Georgia Hospital Association worked in support of the legislation. HB 977 passed the legislature and was signed by the Governor.
Voices supported the SHAPE bill, SB 506, sponsored by Sen. Joseph Carter, which was an attempt to encourage physical fitness in elementary schools. The bill originally garnered strong opposition because it required schools to calculate Body Mass Index (BMI) using a child’s height and weight, and many legislators felt that this would subject students to unnecessary ridicule. The sponsor of the bill amended that portion to instead require schools to conduct fitness assessments of students. Education groups opposed this measure as an unfunded mandate on schools. The bill passed the Senate and the House Health and Human Services Committee but failed on the House floor on the final day of the session.
HB 1043, the Childhood Lead Exposure Act, sponsored by Rep. Sharon Cooper, passed. The legislation clarifies the threshold of contamination for a finding of lead poisoning, requires DHR to notify schools, daycare facilities, landlords and tenants of lead contamination and authorizes DHR to obtain a court order to compel owners and landlords of rental properties to undertake abatement efforts. Lead poisoning is an environmental hazard that can have devastating effects on children and communities. Children under 6 and pregnant women are at the greatest risk for lead poisoning because lead inhibits proper physical and cognitive development in children and infants. Even low levels of lead poisoning can cause hyperactivity, aggressive behavior, learning disabilities, lowered IQ, speech delay and hearing impairment. High levels of lead can cause severe mental disabilities, convulsions, coma or even death.
SB 507 passed, requiring that Medicaid-eligible children up to age 21 receive the health care services to which they are entitled under the EPSDT (Early periodic Screening, Diagnostic and Treatment Program) provisions of the federal Medicaid Act. Under SB 507, a treatment or service is to be provided if it is “prescribed by a physician or other practitioner to diagnose, correct or ameliorate defects, physical or mental illnesses, and health conditions, whether or not such services are in the state plan.” SB 507 also requires DCH to streamline and expedite that approval process for therapy services.
Finally, both the House and Senate passed resolutions establishing separate study committees to make recommendations to improve the status of children’s mental health. The members of the House Study Committee on Children’s Mental Health in Georgia are: Rep. Judy Manning, Chair; Rep. Tom Graves; Rep. Tony Sellier; Rep. Donna Sheldon; Rep. Nikki Randall; and Rep. Austin Scott. The Committee must issue a report by December 15, 2008.
0-5
Voices released its policy platform for 0 to 5 year olds entitled Compounding Interest (http://www.georgiavoices.org/CompoundingInterest.aspx) at its annual Children’s Policy Watch at the Capitol. Based upon the policy recommendations in the report, we advocated for greater availability and quality of the publicly funded pre-K program, as well as extending the program to 3 year olds as outlined in HB 939 sponsored by Representatives Mary Margaret Oliver, Stephanie Stuckey Benfield and Kathy Ashe. Despite a stellar hearing featuring Stephanie Blank representing Children’s Healthcare of Atlanta, Comer Yates of the Atlanta Speech School, Steve Dolinger representing GPEE, Andrea Young of the Southern Educational Foundation, and Mindy Binderman representing Voices, the House Education Committee was reluctant to vote on the bill without hearing from DECAL’s new Commissioner Holly Robinson who did not register an official position.
The House did, however, adopt House Resolution 791, sponsored by Jan Jones, establishing a study committee on Pre-K. The Study committee is charged with evaluating Georgia’s pre-K program, identifying recommendations to maximize resources, and considering HB 939 to make Georgia Pre-K available to 3 year olds. Questions regarding quality, funding, demand, and pre-K expansion will, hopefully, be considered once the Study Committee is appointed. The members of this study committee are Rep. Tom Dickson, Chair; Rep. Margaret Kaiser; Rep. Howard Maxwell; Rep. James Mills; Rep. Jay Neal; and Rep. Calvin Smyre. The Committee must issue a report by December 31, 2008.
Child Welfare
HB 901, the Parent Protection Act, died in committee. This bill would have provided unpaid leave for parents to fulfill their responsibilities for the health and education of their children, particularly when required by the law to appear for registration, misconduct, etc. Despite a broad and sustained effort by many coalition members, the opposition of various business groups could not be overcome.
The legislature took some important steps to address the needs of children whose parents are unable, for various reasons, to care for them. SB 88 the Grandparents Caring for Grandchildren Act passed after years of advocacy by grandparents and the tireless dedication of Sen. Renee Unterman, the bill’s sponsor. The bill makes it easier for willing grandparents to exercise the rights of a guardian through a power of attorney from the parent, avoiding DFCS custody, and extends the possibility of a stipend similar to foster care for certain income groups. The legislation will make it easier for grandparents to enroll their grandchildren in school, obtain health insurance and access medical care. In addition, HB 1040 which authorizes the Court to appoint a permanent guardian for a child without first terminating parental rights was enacted. Finally, with the passage of HB 1159 sponsored by Speaker Glenn Richardson, foster parents who choose to adopt their foster children will be entitled to a tax credit of $2000 per year per child.
Coordination and Delivery of Services
The legislature approved a potentially impactful initiative by the Governor to create a new agency, called the Governor’s Office for Children and Families, by combining the Children’s Trust Fund and the Children and Youth Coordinating Council. In addition, the Governor’s legislation, HB 1054, which the General Assembly passed, places responsibility for the Office of the Child Fatality Review under the Office of the Child Advocate. Voices supports efforts to encourage collaboration and communication between child-serving agencies. We are hopeful that the new Office for Children and Families will result in a unified, consistent approach for all at-risk, abused and delinquent children and youth in Georgia and enhance the ability and willingness of agencies throughout state government to work together.
During the legislative session, the Governor issued an Executive Order to establish a Governor’s task force to make recommendations on restructuring the Department of Human Resources. The Task Force, which is chaired by Jim Lientz, the Governor’s Chief Operating Officer, is examining ways that DHR might be restructured to provide more efficient and effective delivery of services. A report is due by July 2nd. The Task Force has been holding private meetings. In addition to the Chair, members include: the Governor’s Chief Financial Officer Tommy Hills, Planning and Budget Director Trey Childress, Policy Director Hannah Heck, Deputy Executive Counsel Josh Belinfante, Senator Jack Hill, Senator Renee Unterman, Rep. Ben Harbin, and Rep. Mark Butler.