April 2022 Newsletter

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Be Encouraged! What a difference a Year makes!

The 2022 session of the Georgia General Assembly convened January 10th and ended April 4th at midnight. Some observers breathed a sigh of relief, others were exasperated. But perhaps the rigors of the pandemic catapulted into view deep problems with school curricula and the tension on college campuses. That could be why H.B. 1, which was introduced January 29, 2021, a year ago, was resurrected and passed the last day of this session to protect the right of students to freely speak and express themselves on campuses of colleges and universities.

Passed! Gag Orders Prohibited at Georgia Colleges and Universities
H.B. 1 Forming Open and Robust University Minds (FORUM), prefiled by Representative Josh Bonner November 16, 2020, was officially introduced January 29, 2021. It went to the House Higher Education Committee that favorably reported it March 5, 2021. On March 31, 2021 it was sent back to the Higher Education committee, where it languished until February 10, 2022, when it was … again … favorably reported and passed the House 93-62. It went to the Senate Judiciary committee which favorably reported it March 25, 2022, but it was tabled April 1, 2022, then taken off the table April 4, 2022 and passed the Senate 33-18. The House sent it to the Governor on April 6, 2022 and it becomes law July 1, 2022, unless it is vetoed. That arduous, year-long battle was caused by opponents of free speech and free expression.

H.B. 1 in a Nut-Shell

  • It protects expressive activity which consists of speech and other conduct protected by the First Amendment to the U.S. Constitution. It includes, but is not limited to, lawful verbal, written, audio-visual, or electronic expression that communicates ideas, including all forms of peaceful assembly, literature distribution, carrying signs, circulating petitions, demonstrations, protests, and speeches, including those by guest speakers.
  • Such conduct would not be considered a substantial disruption if it is protected under the Georgia Constitution or the First Amendment to the U.S. Constitution.

To read a summary of legislation from this year’s Georgia General Assembly session, please click here.

March 2022 Newsletter – Extra Edition

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Work to be done before Session ends Sine Die April 4th

H.B. 1013 Mental Health Reform Innovation Commission, Recommendations, by HouseSpeaker David Ralston passed the House 169-3 on March 8th. Its 77 pages authorize local and state health officials to screen the mental health of pupils and students. Certain disorders would be reported to and controlled by the World Health Organization.

Medicaid services and private health insurance companies would be expanded and adjusted to comply with government standards that expect “politically correct” answers to mental health screening questions. Job descriptions of law enforcement officers would include on-the-job, in-the-field diagnosis of mental illness and incarceration of individuals they deem to be at risk of future psychiatric problems, whether or not they commit a crime. The bill words it this way:

H.B. 1013, lines 25-28: “to authorize inpatient civil commitment for mental illness to aid a person at risk of significant psychiatric deterioration in the near future; a peace officer to take custody of a person in apparent mental health crisis and transport the person to an evaluation facility notwithstanding the absence of evidence that the person has committed a criminal offense.”

During its debate on the House floor, a concerned Representative asked two questions: (a) How much will the insurance cost, i.e. Medicaid, Medicare or private policies? (b) What are the dangers of medical bureaucrats’ making mental health decisions about gender dysphoria? After reminding his peers that (c) conservativism is already viewed as a mental condition, he ended his remarks with these words, (d) “This bill does not make us more free.”

H.B. 1013 requires the following massive new network to control mental health for Georgians: (a) a Behavioral Health Care Workforce Data Base, (b) an assisted outpatient treatment unit, (c) an advisory council, (d) a grant program for accountability courts, (e) a task force to keep people with serious1 mental illness out of jail and detention facilities, (f) a state network of local co-response teams, and (g) a task force to improve Medicaid function and adequacy.

Further requirements: (1) compliance with federal mental health parity2 law and annual reviews; (2) information repositories; (3) Medicaid plan changes; (4) service cancelable loans for participant professionals; (5) rules and regulations; (6) inpatient civil commitment for persons deemed at risk of significant psychiatric decline in the near future3; (7) powers and duties of a Health Strategy and Coordination Office; (8) direct to mental health money that now goes into the County Drug Abuse Treatment and Education Fund; (9) the Behavioral Health Reform & Innovation Commission sunset date would be extended; and (10) for other purposes.

ACTION – OPPOSE. The Senate H & HS subcommittee has had a series of hearings on this bill, but it was still in that committee as of Friday, March 25th. If it comes out of committee in the next few days and goes to the Rules Committee, it has three options. The Senate could vote on it or have it recommitted or tabled. At this point, you may ask your senator to call for it to be tabled or reconsidered, if there is a full-Senate vote. Tabling or reconsideration could stop it.

  • To read the rest of this newsletter in PDF format, please click here.

March 2022 Newsletter

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Fundamental Rights of Parents Incrementally Weakened

In 1968 parental authority over their children’s healthcare was destroyed in Georgia when the Family Planning Act was changed as follows: “Persons to whom agencies may offer services. Any one or more of the following classifications: married, a parent of at least one child, pregnant, or requesting such services.” Result: (a) marital status became irrelevant and (b) minors could receive confidential family planning services, contraception and abortion.

By 1985, 17 years later, page 69 of a 397-page U.S. report listed Georgia as one of six states where adolescents are served without parental consent. The report’s Table 7 – “State-by-State Comments Concerning Selected Federal, State and Local Programs” – reported Georgia Public Health Department policy toward minors: “Teens seeking services are considered emancipated minors, and are offered a full range of services without parental notification or consent, which is perceived as a major barrier to services. Parental involvement is encouraged.”

In the spring of 1986, extensive telephone research was done to ascertain whether or not state and local departments, agencies, school systems, and/or staff could be held liable for the adverse effects of contraceptives given to minors.

Local Board of Education Q & A
Q. Are teachers liable in any way for what they teach or the outcome of that teaching?
A. No, as Jong as they teach within school system policies and are not teaching outside course information. Call the attorney for the local Board of Education.
Q. If you gave a minor an IUD, would you get the child to sign a waiver?
A. Oh, yeah, they could sign a waiver.

Attorney for a Local Board of Education Q & A
Q. Are schools accountable for the information taught students?
A. No. The school is not accountable for abortion information or contraceptive information. But, the person in the medical facility who counseled the student would be responsible. The·person giving the information is not liable. But, in my opinion, the person giving the contraceptives is liable. However, the caller was reminded that government entities enjoy government immunity. Suggestion was made to call the medical services.

County Solicitor’s Office Q & A
Q. Is the county liable for any adverse reaction to abortions or contraceptives recommended or administered to minors in its teen services?
A. H-m-m-m, this question has never been asked before. We are employed by the state and don’t give out any information. But, given our state laws, the parents would be responsible for their children.

The passage of H.B. 1058 in 2016 further weakened parental authority over a minor child that tested positive for AIDS. Previous law mandated that a parent or guardian “shall” be notified. In 2016 “shall” was replaced with “may,” which allows, but does not require, notification.

  • To read current legislation in the Georgia General Assembly in regards to the children and the rights of parents, please click here.

February 2022 Newsletter Extra Edition

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Committees are the Best Place to Amend, Stop or Pass Legislation

Recently, someone asked why should anyone be interested in what happens in the Georgia General Assembly. Simply put, legislators determine how we are governed. They pass bills and resolutions that become laws that affect our lives, hopefully for the better, sometimes not so much or, perhaps, they diminish our liberties and increase the power of government.

When introduced, bills are given numbers, so they can be identified and tracked as they proceed through committees and, possibly, onto the House and Senate floors for passage or defeat. All legislators are assigned to committees (many to several committees) where bills are debated, amended, rewritten and passed as substitute bills or favorably reported in the original version. Committees are the best place to get legislation passed, stopped, or amended. Members are especially accessible when they have public hearings for speakers to present the pros and cons.

However, the House and Senate have a major committee stop-gap or gate-keeper, their Rules committee that works as a clearing house to decide which bills live or die. Rules Committees may amend a piece of legislation or hold it in committee (kill it), or pass it onto the House or Senate floor for passage or defeat. Committees are keys to the legislative process.

The master keys are the (a) Senate Rules Committee – one of 29 standing committees in the Senate – and (b) the House Rules Committee – one of 42 standing committees in the House. The list of Senate Rules Committee members remained the same from last session, while the House Rules Committee added three members, dropped one and the vice chairman switched positions with another member.

  • To read the rest of this newsletter in PDF format, please click here.