Moving forward, vol. 15, no. 1 (2010 January 4)

Moving Forward
Brought to you by the Georgia Council on Developmental Disabilities

The Developmental Disabilities Advocates' Guide to Legislation
Jan 4, 2010 Volume 15--Issue 1

Happy New Year! This is the first issue of Moving Forward for the 2010 Legislative Session. In this issue,
we review the leadership changes in the House, the budget items of interest to the disabilities community (still in the proposed stage), summarize the legislation carried over from the 2009 Session, and list the prefiled legislation.

This will be the most challenging year for the state budget that most of us can remember. Since January 2009 revenue collections have averaged 14% less than the same months in 2008, translating to more than $200 million dollars less in the budget each month in comparison. State agencies have lost more than $3 billion dollars. State employees have endured furloughs, and state contracts have been reduced or eliminated. There isn't much left to cut. Legislators will still have to tackle trauma care, transportation, healthcare and education.

New Speaker of the House:

Budget Information:

Glenn Richardson, (19th) resigned as Speaker of the House on December 3, 2009. Mark Burkhalter, (50th) who constitutionally steps up from Speaker Pro Tempore, declined the office. The Republican Caucus nominated replacements for Speaker, Pro Tempore and Majority Leader as follows. Formal elections will be held when the Legislature convenes. We expect some Chairmanships to change as well. All other leadership changes will be reported in upcoming issue of Moving Forward.
House Leadership (Nominated)-- Speaker of the House: David Ralston, 7th; Speaker Pro Tempore: Jan Jones, 46th; Majority Leader: Edward Lindsey, 54th.
Senate Leadership--Presiding: Lt. Gov. Casey Cagle; President Pro Tempore: Tommy Williams, 19th; Majority Leader: Chip Rogers, 21st; Majority Whip: Mitch Seabaugh, 28th; Minority Leader: Robert Brown, 26th.
Contact information for the Governor--The Honorable Sonny Perdue, 203 State Capitol, Atlanta, Georgia, 30334; 404656-1776, http://gov.state.ga.us
Visit www.vote-smart.org to identify your legislators. Find your legislators' contact information at www.legis.state.ga.us House Information, 1-800-282-5800; Senate Information 1-800-282-5803

The 2010 Session tackles the 2010 supplemental budget (ending June 30, 2010) and 2011 FY budget (beginning July 1, 2010).

Department of Behavioral Health and Developmental Disabilities; FY 2011

This will be the first full year budget for the new Department of BHDD. The Department faces several challenges. The US Department of Justice investigation into the state hospitals and resulting settlement agreement is still in force, and the Department has proposed significant funding to address services in the hospitals. DOJ may recommend more attention be given to the community. As a result of a US Office of Civil Rights Olmstead Complaint, the Department is under a Voluntary Compliance Agreement to create and implement a new Olmstead Plan. The Department is still committed to the Money Follows Person initiative as well.

At this point, we only know what the Department proposed to the Governor's Office for funding of new services. We await the Governor's budget address to hear what he will propose to the legislature for support.

Proposed: 1500 NOW / COMP waivers, including 150 compre-

hensive waivers to transition individuals from the State Hospitals

under the Money Follows person initiative.

$20,596,290

Glossary
Appropriation--a specific amount of money that is intended for use by a specific state program DCH--Department of Community Health DD--Developmental Disabilities DHS--Department of Human Services DBHDD-Department of Behavioral Health and Developmental Disabilities DOE--Department of Education DOL--Department of Labor FY--Fiscal Year HB--House Bill HR--House Resolution SB--Senate Bill SR-Senate Resolution

Waiting List for HCBS / DD as of November: Short term 2807 Long Term 1796

Department of Community Health; FY 2011; Proposed

100 ICWP waiver slots under MFP initiative

$1,199,652

ICWP waiting list (176 slots)

$1,829,854

Waiting List for ICWP as of November:

189

Department of Human Services; FY 2011 (Division of Aging Services)

No adds to the budget for Division of Aging Services.

Community Care Services Program (CCSP) Waiting List Medicaid

1935

Non-Medicaid

20,195

The State of the State and Budget Address is typically delivered the week the Legislature begins.

Take Action--Advocacy Questions and Answers How can I take action on legislation? (1) Form a relationship with your representatives and senators by calling, emailing, faxing, and scheduling meetings to tell them about how their decisions on the budget and laws affect the quality of life for you and your family. (2) Visit GCDD's website for additional resources like fact sheets to utilize in your advocacy efforts: www.gcdd.org/ public policy (3) Visit www.unlockthewaitinglists.com and click on Action Center. How can I contact my state representative or senator? Every member has an email address. However, the most effective way to communicate is by letter or phone. Legislators prefer to hear from their own constituents and may not pay attention to mass emails or form letters from people outside their districts. Information about legislators is also available in the "White Book," available at www.legis.state.ga.us, click on "Picture Book" or obtain them from the House or Senate Clerks' Offices in the Capitol. How did my legislators vote? Voting Records are online by bill number, not by legislator. This may take up to five days following the actual vote. Go to www.legis.state.ga.us then click on House or Senate, then click on House votes or Senate votes for a complete roll call on how each person voted on a certain bill. Printed copies may be obtained from the Clerk of the House (404) 656-5015 or the Secretary of the Senate (404) 656-5040. A complete record of votes on every bill is available for a fee.

The Georgia 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.

Legislation: Carried Over from Last Session

tents and requirements of each report; to provide for related matters.

Sponsors: Goggans, 7; J.Hill, 4; Williams, 19; Rogers, 21; Cowsert, 46.

HB 128: Relating to disabled veterans and blind persons engaging in ped- Status: App, House Second Readers.

dling, operating businesses, or practicing professions, so as to provide that

a certificate of eligibility for an exemption from occupation taxes, adminis- SB 244: Relating to definitions relative to the "Georgia Registered Profes-

trative fees, and regulatory fees shall be valid for a period of ten years; sional Nurse Practice Act," so as to provide that the performance of health

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

maintenance activities by a designated caregiver shall not be prohibited; Sponsors: Unterman, 45; Thomas, 54; Goggans, 7. Status: H&HS;

HB 565: Relating to handicapped persons, so as to create the Commission House Insist, conferees appointed, tabled.

for the Blind and the Visually Impaired; to provide for legislative intent; to

provide for the composition and appointment of commission members; to SB 247: Relating to general provisions relative to standards and require-

provide for an executive director; to provide for an annual report; to provide ments for construction of buildings and other structures generally, so as to

for a complaint process; to specify the powers and duties of the commis- enact the "New Home Access Act"; to require new at-grade residential

sion, transferring functions otherwise assigned Sponsors: Howard, 121; structures to include certain accessibility features. Sponsors: Orrock, 36;

Parham, 141; Benfield, 85; Status: HumR; House Second Readers.

Douglas, 17; Moody, 56; Jones, 10; Hill, 32 and others. Status: RU&I;

Senate Read & Referred.

HB 566: To enact the "Blind Persons' Braille Literacy Rights and Education

Act"; to provide definitions; to require an evaluation of a blind or visually SB 289: Relating to therapy services for children with disabilities, so as to

impaired child to determine such child's need for Braille instruction; to re- add a definition; to revise provisions relating to services and treatment for

quire Braille instruction in the individualized education program of a blind or categorically needy and medically fragile children; to revise provisions relat-

visually impaired student; to provide requirements for textbook publishers ing to requirements relating to administrative prior approval for services and

relating to Braille instructional materials; to provide license requirements appeals; to provide for related matters. Sponsors: Moody, 56; Thomas,

relating to Braille for certain teachers Sponsors: Manning, 32; Reese, 11; 54; Seay, 34; Orrock, 36. Status: H&HS: Senate Read and Referred.

Status: Ed; House Second Readers.

SB 292: relating to courts, so as to substantially revise, supersede, and

HB 636: Relating to criminal and related provisions pertaining to financial modernize provisions relating to juvenile proceedings; to amend Article 1 of

institutions, so as to provide for the protection of aged or incapacitated

Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to

adults; to provide for mandated and voluntary reporting; to provide for civil children and youth services so as to provide for an appeal procedure when

penalties. Sponsors: Mitchell, 88; Maxwell, 17; Marin, 96. Status: Judy, the Division of Family and Children Services of the Department of Human

House Second Readers.

Resources fails to provide aftercare and transitional services to certain chil-

dren. Sponsors: Hamrick, 30; Harp, 29; Brown, 26, Ramsey, 43, Jones,

SB 5: Relating to the use of safety belts in passenger vehicles, so as to 10, Unterman, 45. Status: JUDY, Senate read and referred.

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

Thomas, 54; J.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. Sponsor: Ramsey, 43. Status: H&HS; Read & Referred.

SB 25: Relating to income tax returns and information, so as to authorize Legislation: Prefiled for this Session

taxpayers to make certain contributions through the income tax payment

and refund process to programs for the education regarding and alleviation HB 882: So as to expand the definition of "bullying"; to provide that a stu-

of multiple sclerosis; Sponsors: Seay, 34; Adelman, 42; Brown, 26; Butler, dent can be reassigned to another school for the purpose of separating

55; Orrock, 36 and others. Status: W&M; House Second Readers.

such student from his or her bullying victim; to direct the Department of

Education to develop a model policy regarding bullying; to provide for im-

SB 90: Relating to elementary and secondary education, so as to provide mediate notification of law enforcement officials when a student commits an

the option for parents to enroll their child in another school within the local alleged physical assault or battery on another student or on a teacher or

school system, a school in another local school system, or in a private

other school employee; Sponsor: Jacobs, 80. Status: Prefiled.

school under certain conditions; to provide for definitions; to provide for the

amount of scholarship and method of payments; to provide for rules and SB 297: Relating to special license plates for persons with disabilities, so

regulations; to provide for limited liability; to provide for an annual report on as to require submission of an updated affidavit by a practitioner of the

the program; to provide for related matters. Sponsors: Johnson, 1;

healing arts; to amend Code Section 40-2-74.1 of the Official Code of

Rogers, 21; Jud Hill, 32; Unterman, 45; Moody, 56. Status: ED&Y; Sen- Georgia Annotated, relating to special parking permits for persons with dis-

ate Read Second Time.

abilities, so as to require submission of an updated affidavit by a practitio-

ner of the healing arts. Sponsor: Seay, 34. Status: Prefiled.

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 SB 301: Relating to education, so as to raise the age of mandatory educa-

parking places for persons with disabilities are full. Sponsors: Henson, tion from 16 to 17; to revise provisions relating to adult literacy for purposes

41; Ramsey, 43. Status: Hum R; House withdrawn, recommitted

of conformity; Sponsors: Jackson, 2; James, 35. Status: Prefiled.

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
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 a part of the budget report; to provide for a definition; to provide for con-

www.gcdd.org www.unlockthewaitinglists.com

Dates to Remember:
Martin Luther King Remembrance: January 18th ARC Legislative Reception at the DEPOT: January 26th
Self-Advocates Day at the Capitol: February 9th Poor People's Day at the Capitol: Education Day, February 10th; Action Day, February 11th.
Advocacy Day at the Capitol for Unlock the Waiting Lists: February 16th
Disability Day at the Capitol: February 25th!
Mental Health Day at the Capitol: March 4th

Moving Forward e-Updates available at http://www.gcdd.orgpublicpolicyindex.htm
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