There’s Still Hope for Bills in Georgia

On April 1st, the Georgia legislature ended the final session for this legislative calendar. And there is a sense of hope in libertarian political action. Some bills take years or even decades to pass, and they only pass because proponents never label their unsuccessful bills as failures. There are three pieces of liberty-focused legislation that some will label as failures, but I label them as bill that have not yet been passed—they are still very much on the table.

Our first legislative effort involves reforming Certificate of Need (CON) laws. According to the Mercatus Center, Thirty-six states (including Georgia) and D.C. have CON (a perfect acronym) laws on their books. What is the effect of CON laws? If you want to offer medical services covered under CON laws you first need to prove to the Georgia state government that the local area actually needs your services. Unsurprisingly, the Georgia Hospital lobby loves these rules, all incumbent businesses wish they could legally block their competitors from participating in the market. Mind you, CON laws apply in addition to routine licensing and training laws.

HB 1547 attempted to rectify the issue. The bill would gradually repeal Georgia’s disastrous CON laws leading to a full repeal in 2025. According to the Atlanta Journal Constitution (AJC), the bill’s main sponsor, House Majority Whip Matt Hatchett (R-Dublin), spoke harshly against CON laws in a committee hearing. He correctly labeled CON laws as, “a ‘monopolistic’ system that favors large hospital systems and stifles competition, raising health care prices in the process.” Despite the bill’s failure to pass, supporters should not lose hope. CON reform’s powerful ally, Majority Whip Hatchett, will run and win his Georgia house seat in the next election. Hatchett has run unopposed in both the primary and general election since 2014.

Our second legislative effort involves marijuana. In 2015 Georgia enacted an incredibly limited medical marijuana program, it only applied to people with severe diseases like cancers, Alzheimer’s, and Parkinson’s. The bill contained a major flaw, it allowed one to possess medical marijuana, but offered no legal avenue to obtain it. The Republican credited for moving the program forward, former state representative Allen Peake, acknowledged the flaws in his bill, but stressed his bill represents just a first step towards legalization.

HB 1425 provided a necessary second step; this law would award medical marijuana production licenses to the six companies who were chosen last year by the Georgia Access to Medical Cannabis Commission. Surprisingly, a powerful Democrat stands as the chief opponent of the law. Senate Minority Leader Gloria Butler (D-Stone Mountain) criticized the bill because it awards the production licenses to the aforementioned six companies while the other companies not chosen for the production license dispute the process. I understand having concerns about the process for awarding licenses, but enough is enough. Hopefully Georgia can enact this limited reform next session.

Our last legislative effort involves education. In February I discussed a bipartisan school choice bill labeled HB 999. I am saddened to say that the bill did not pass. The AJC reported that The American Federation for Children published mailers in 16 republican controlled state districts. These mailers stated, “The radical left wants to cancel your right to choose your child’s school”. That seems quite standard for political attacks, but it angered David Ralston (R-Blue Ridge), the powerful speaker of the Georgia House of Representatives. He stated, “I am livid. I’ve been around politics for a long time, but this is the dumbest thing I’ve ever seen in my career and one of the most deceitful.” Because of the mailer, David Ralston told the AJC that HB 999 will not be considered this legislative session.

I was heartbroken when I read that David Ralston killed HB 999. I understand questioning if fighting for liberty is even worth it given the muddy realities of our political process. Take heart, next month I will highlight legislation that allies of liberty shepherded through the Georgia legislature. Remember, the bills I previously discussed did not fail, they have yet to be passed.