Moving forward, vol. 14, no. 13 (2009 April 9)

Moving Forward
Brought to you by the Governor's Council on Developmental Disabilities

The Developmental Disabilities Advocates' Guide to Legislation
April 9, 2009 Volume 14--Issue 13

Sine Die!

Budget: The final state budget for FY 2010 is $18,569,866,489, which is $2.5 billion less than last year's budget. The budget was balanced with significant cuts to state agencies and the inclusion of $661 million dollars of
American Recovery and Reinvestment Act funds. Legislators were able to protect Medicaid, prevent increases in the health insurance premiums for state employees, and fully fund school nurses. Advocates will be anxiously watching revenue reports in the hopes that the budget will not have to be reduced further. For more detail by program, see below.
Restructuring of DHR: HB 228 passed both House and Senate on April 3rd. The official start day for the restructuring
is July 1, 2009, but most state agencies have begun the work to shift programs to the proper departments, and the FY 2010 budget was organized along new department lines; Behavioral Health and Developmental Disabilities, which will house mental health, DD and addictive diseases; Human Services will house Aging, DFCS and Child Support and Community Health will administer Public Health, Medicaid and State Health Benefits, and ORS. However, Public Health will have a director who is a direct report to the Governor. Babies Can't Wait remained in Public Health.

Department of Behavioral Health and Developmental Reduce the Preschool Handicapped Program

Disabilities; FY 2010

based on projected need

Figures reflect adult, and child and adolescent programs. Reduce QBE funding

Reduce funds to reflect the revised revenue estimate [Funds restored for Rockdale Cares]

Reduce additional QBE enhancements (5,341,066)
Recognize funds from the ARRA

Recognize funding from the ARRA by increasing federal funds to reflect a change in the Medicaid federal participation rate from 65% to 75%. Adults: (31,622,732) Children: (11,120,791) [Note: These funds will need to be replaced in the FY 2012 budget]

Provide funds for 150 MRWP waiver slots for Money Follows the Person

program

$2,387,318

Reduce funds for RESAs
Increase funds for QBE enrollment growth, training and experience School Nurses: restored

(729,432) (147,202,564)
(50,000,000) (413,145,927)
(374, 022)
$66,459,413 (0)

Annualize the cost of 365 waiver slots

$3,309,899 Reduce funds for Severely Emotionally Disturbed program (1,957,711)

Reduce funds for vacant 135 MRWP slots provided for in FY 2009

budget. Senate / CC: restore funds for slots (72%)

$2,419,908

Department of Community Affairs FY 2010

Provide for savings by reflecting the FY 2010 FMAP rate (2,010,969) Reduce funds to Georgia Advocacy Office (Citizen Advocacy)

0

($249,902 RESTORED)

Reduce funds for Matthew Reardon Center Reduce funds for Marcus Institute

(100,000)
Legislation: Passed this session
(200,000)

HB 69: So as to clarify provisions relating to a candidate for nonresuscitation and

Provider rates: held harmless from cuts, but no increases. Funds were authorization for an order not to resuscitate and to remove statutory ambiguity.

provided by provider fees in the DCH budget

(863,724) Sponsors: Jerguson, 22; Cooper, 41; Channell, 116; Mitchell, 88; Kaiser, 59.

Reduce various contracts

(500,000) Status: House Agree Senate amendment or sub

[CC Policy Statement: The purpose of this appropriation is to promote independence of adults with significant developmental disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line. No funds shall be used to privatize the state-owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities.]

Department of Human Services FY 2010

Reduce funds for Alzheimer's day care / support services (190,281)

Reduce funds for non-Medicaid HCBS respite services through attrition (1,323,282)

Replace state funds for senior nutritional services (meals on wheels)

with federal ARRA funds

$1,045,000

Recognize additional FMAP funds from the ARRA

(11,411,119)

HB 118: Supplemental Appropriations, State Fiscal Year July 1, 2008 to June 30, 2009. Sponsors: Richardson, 19; Keen, 17; Burkhalter, 50; Harbin, 115; Cole, 125; Pruett, 144. Status: Signed by the Governor
HB 119: Appropriations, State Fiscal Year July 1, 2009 to June 30, 2010. Sponsors: Richardson, 19; Keen, 17; Burkhalter, 50; Harbin, 115; Cole, 125; Pruett, 144. Status: App; Senate Conference Committee Report Adopted
HB 149: Relating to financing under the "Quality Basic Education Act," so as to enact the "Move on When Ready Act"; to provide for definitions; to provide a program for eleventh and twelfth grade students to attend postsecondary colleges and schools for high school credit; Sponsors: Jones, 46; Hembree, 67; Dempsey, 13; Powell, 171; Harden, 147. Status: Ed&Y; Senate Passed/Adopted
HB 160: Relating to fees to be paid to the Department of Driver Services; so as to increase the fees paid to the Department of Driver Services for reinstatement or restoration of suspended or revoked drivers' licenses, and other matters. Sponsors: Cole, 125; Neal, 1; Pruett, 144; Hanner, 148; Talton, 145. Status: Pub Saf; Senate Passed / Adopted.

Department of Community Health FY 2010 ABD

HB 193: Relating to elementary and secondary education, so as to provide for a

180 day school year or the equivalent thereof; to revise a provision relating to a

Recognize funding from the ARRA by increasing federal funds to reflect full-day kindergarten program; to revise certain provisions relating to the base pay

a change in the Medicaid federal participation rate from 65% to 75%. of school food and nutrition personnel; to revise a provision relating to the residen-

(237,173,527) tial high school program for gifted youth; to revise the definition of the term "school

year" relating to teacher contracts; to provide for related matters. Sponsors:

Increase funds to reflect the change in FMAP rate from 64.1% to 65% Graves, 12; Casas, 103; Maxwell, 17; May, 111; Benton, 31. Status: Ed&Y, Sen-

in FY2010

$104,411,891 ate Agrees to House Amendment or Sub.

Reduce state general funds provided in FY 2009 for provider rate increases (H: delay the FY 2009 provider rate increases) (35,083,373)
Add 100 ICWP waiver slots for the Money Follows the Person Program $1,572,750

HB 228: So as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; Sponsors: Butler, 18; Harbin, 118; Cole, 125; Keen, 179; Olive, 83. Status: House Conference Committee Report Adopted

Reduce funds from Babies Can't Wait (DCH budget)
Department of Education FY 2010
Increase funds for SB 10 Special Needs Scholarship

(1,200,000) $5,978,162

HB 457: Relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; and other matters. Sponsors: Peake, 137; Cooper, 41, Horne, 71; Levitas, 82; Lundsford, 110. Status: Senate Conference Committee Report Adopted

Reduce grant funding for Residential Treatment Centers

(0)

Reduce funds for graduation coaches

(3,675,735)

Reduce funding for Special Education Low-incidence Grants (24,802)

HB 481: To enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against

The Governor's Council on Developmental Disabilities collaborates with Georgia citizens, public and private advocacy organizations, and policymakers to positively influence public policies that enhance the quality of life for people with developmental disabilities and their families.

employer contributions; so as to provide for a graduated elimination of the portation projects in special transportation districts within the state; to pro-

corporate income tax; and other matters. Sponsors: Graves, 12; Burk, 50; vide for the creation of such districts, the governance thereof, and the de-

Keen, 179, Ehrhart, 36; Rice, 51. tee Report Adopted

Status: Fin; Senate Conference Commit-

velopment of a list of transportation projects by the district; and other. Sponsors: Mullis, 53; Stoner, 6; Williams, 19; Reed, 35; Rogers, 21 and others. Status: Senate Agrees to House Amend or Sub

HB 581: Relating to employment security, so as to protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to establish a credit to employers for hiring unemployment claimants; to provide for the Georgia Works program to assist recipients of unemployment compensation in obtaining new job skill training. Sponsors: Coan, 101; May, 111; Horne,71; Marin, 96; Reese, 98. Status: I&L; House agrees to Senate substitute or amendment.

SB 90: Relating to elementary and secondary education, so as to provide the option for parents to enroll their child in another school within the local school system, a school in another local school system, or in a private school under certain conditions; to provide for definitions; to provide for the amount of scholarship and method of payments; to provide for rules and regulations; to provide for limited liability; to provide for an annual report on the program; to provide for related matters. Sponsors: Johnson, 1; Rogers, 21; Jud Hill, 32; Unterman, 45; Moody, 56. Status: ED&Y; Senate Read Second Time.

SB 165: So as to authorize DCH to obtain income eligibility verification from the Department of Revenue for applicants for Medicaid and PeachCare programs. Sponsors: Goggans, 7; Williams, 19; Hill, 4; Hawkins, 49. Status: Ins; Senate Agrees to House Amend or Sub

SB 153: Relating to parking for persons with disabilities, so as to provide for use of more than one parking place by persons with disabilities when all parking places for persons with disabilities are full. Sponsors: Henson, 41; Ramsey, 43. Status: Hum R; House withdrawn, recommitted

SR 505: A RESOLUTION urging the United States Congress to eliminate the 24 month waiting period for participants in Social Security Disability Insurance; and for other purposes. Sponsor. Adelman, 42. Status: HHS; Senate passed/adopted.

SB 161: Relating to insurance coverage for autism, so as to require certain insurance coverage of autism spectrum disorders. Sponsors: Grant, 25; Williams, 19; Johnson, 1; Thomas, 54; Cowsert, 46. Status: I&L; Tabled on crossover day

Legislation: Carried Over to Next Session

SB 206: Relating to management of budgetary and financial affairs by the

Office of Planning and Budget, so as to require tax expenditure reviews as HB 128: Relating to disabled veterans and blind persons engaging in ped- a part of the budget report; to provide for a definition; to provide for condling, operating businesses, or practicing professions, so as to provide that tents and requirements of each report; to provide for related matters. Spona certificate of eligibility for an exemption from occupation taxes, adminis- sors: Goggans, 7; JHill, 4; Williams, 19; Rogers,21; Cowsert, 46. Status:

trative fees, and regulatory fees shall be valid for a period of ten years; House Second Readers.

Sponsor: Benton 31. Status: Senate Read and Referred to I & L

SB 244: Relating to definitions relative to the "Georgia Registered Profes-

HB 565: Relating to handicapped persons, so as to create the Commission sional Nurse Practice Act," so as to provide that the performance of health for the Blind and the Visually Impaired; to provide for legislative intent; to maintenance activities by a designated caregiver shall not be prohibited; provide for the composition and appointment of commission members; to Sponsors: Unterman, 45; Thomas, 54; Goggans, 7. Status: H&HS;
provide for an executive director; to provide for an annual report; to provide House Insist, conferees appointed

for a complaint process; to specify the powers and duties of the commission, transferring functions otherwise assigned Sponsors: Howard, 121; Parham, 141; Benfield, 85; Status: HumR; House Second Readers.

SB 247: Relating to general provisions relative to standards and requirements for construction of buildings and other structures generally, so as to enact the "New Home Access Act"; to require new at-grade residential

HB 566: To enact the "Blind Persons' Braille Literacy Rights and Education structures to include certain accessibility features. Sponsors: Orrock, 36; Act"; to provide definitions; to require an evaluation of a blind or visually Douglas, 17; Moody, 56; Jones, 10; Hill, 32 and others. Status: RU&I;
impaired child to determine such child's need for Braille instruction; to re- Senate Read & Referred.

quire Braille instruction in the individualized education program of a blind or

visually impaired student; to provide requirements for textbook publishers SB 289: Relating to therapy services for children with disabilities, so as to

relating to Braille instructional materials; to provide license requirements add a definition; to revise provisions relating to services and treatment for

relating to Braille for certain teachers Sponsors: Manning, 32; Reese, 11; categorically needy and medically fragile children; to revise provisions relat-

Status: Ed; House Second Readers.

ing to requirements relating to administrative prior approval for services and

appeals; to provide for related matters. Sponsors: Moody, 56; Thomas,

SB 5: Relating to the use of safety belts in passenger vehicles, so as to 54; Seay, 34; Orrock, 36. Status: H&HS: Senate Read and Referred.

eliminate certain exceptions to the required use of safety belts; Sponsors:

Thomas, 54; Hill, 4; Harp, 29; Stoner, 6; Hill, 32; and others. Status:

SR 56: A Resolution creating the Georgia Vulnerable Adult Study Commis-

A&CA; House Second Readers.

sion. Sponsors: Ramsey, 43 Status: H&HS; Read & Referred.

SB 25: Relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process to programs for the education regarding and alleviation of multiple sclerosis; Sponsors: Seay, 34; Adelman, 42; Brown, 26; Butler, 55; Orrock, 36 and others. Status: W&M; House Second Readers.
SB 39: So as to provide for a 1 percent sales tax to be used to fund trans-

Thank you to all the individuals with disabilities and their advocates, friends, and families who gave their time, energy and voice to the issues of the 2009 Legislative
Session. Use the interim to get to know your legislator better--we have many difficult months ahead of us. Sine Die!

Who Are My Elected Officials?--Find your legislators, learn House and Senate leadership
Visit www.vote-smart.org to identify your legislators. Find your legislators' contact information at www.legis.state.ga.us House Information, 1-800282-5800; Senate Information 1-800-282-5803

Senate Leadership--Presiding: Lt. Gov. Casey Cagle; President Pro Tempore: Tommy Williams, 19th;
House Leadership-- Speaker of the House: Glenn Richardson, 19th; Speaker Pro Tempore: Mark Burhalter, 50th;
Senate Appropriations--Chair: Jack Hill, 4th; Sub Com. Chair Education: Dan Moody, 56th; Sub Com. Chair Community Health: Greg Goggans, 7th; Sub Com. Chair Human Development: Renee Unterman, 45th.

House Appropriations--Chair: Ben Harbin, 118th; Vice Chair Education: Jan Jones, 46th; Vice Chair Health: Mickey Channell, 116th; Vice Chair Human Services: Mark Butler, 18th.
Contact information for the Governor--The Honorable Sonny Perdue, 203 State Capitol, Atlanta, Georgia, 30334; 404-656-1776, http:// gov.state.ga.us

Moving Forward eUpdates available at
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