Moving forward, vol. 15, no. 12 (2010 March 28)

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

The Developmental Disabilities Advocates' Guide to Legislation
March 28, 2010 Volume 15--Issue 12

This issue of Moving Forward was delayed so we could bring you the updates of all legislation after the Crossover Day. The back page has been updated to remove all legislation that is now dead for the session. BIG NEWS: HB 1314, the IDA legislation, passed the House on Wednesday, 153 to 7. It is now in Senate HHS. HB 1040, Amendments to Nurse Practice Act, passed the House on Friday, 162 to 0! It has not yet been read in the Senate. SB 161, establishing a state Autism task force passed the Senate. And SR 1324, resolving to refrain use of the term "mental retardation" passed the Senate. We are still planning to hold hearings on HB 1395, the accessible home legislation, and HB 1311, the VR means test legislation, before they adjourn in April. BUDGET: House appropriations committees will meet back to back Tuesday March 30 to pass out their budgets. FY2011 expected on the floor by week's end. The next e-mail version of Moving Forward will go out Tuesday after Easter, as the Session will be in recess until April 12th, which will be Day 34.

Chairmanships: Appropriations, Ben Harbin, 118th;
Health Sub committee, Mickey Channell, 116th; Human Resources Sub committee, Penny Houston, 170th; Education, Terry English, 108th; Rules, Bill Hembree, 67th. For a complete list, see the Unlock website
House Leadership: Speaker of the House: David Ralston, 7th; Speaker Pro Tempore: Jan Jones, 46th; Majority Leader: Jerry Keen, 179th; Minority Leader, Dubose Porter, 143rd.

Department of Behavioral Health and Developmental Disabilities; FY 2010A (Adult and Child & Adolescent)
Waiting List for HCBS / DD as of January: Short term 2912 Long Term 1839
Provide funds to enhance hospital operations and quality of care; Adult DD, Adult Forensic, Adult Mental Health, Direct Care Support Services, BHDD Admin (State Hospitals) $20,333,333 This figure is the total of the following categories:

Senate Leadership--Presiding: Lt. Gov. Casey Cagle; President Pro Tempore: Tommy Williams, 19th; Majority Leader: Chip Rogers, 21st; 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

Adult Developmental Disabilities: Provide funds to enhance hos-

pital operations and quality of care.

1,834,903

Adult Forensic: Provide funds to enhance hospital operations and

quality of care.

4,476,156

Adult Mental Health: Provide funds to enhance hospital opera-

tions and quality of care.

2,201,611

BHDD Administration: Provide funds to enhance hospital opera-

tions and quality of care

1,446,129

Direct Care Support Services: Provide funds to enhance hospital

operations and quality of care.

10,374,534

Budget Information: In this issue, we have edited the
budget information down to the 2010 Amended. House approved February 11th. Senate approved February 18th. The next issue will carry the FY2011 budget information.

Restore funds to Marcus Center (House: move from Sexual Offender Review Board database request: 274,000)
Department of Community Health; FY 2010A
Waiting List for ICWP: 177 from the Community

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

Department of Education Budget FY 2010A

Georgia Learning Resources System (GLRS): Decrease federal

funds to reflect projected expenditures.

( 2,198,541)

Reduce funds for Special Needs Scholarships based on actual need. [Special Needs Scholarships] (4,015,110)

Revise pre-admission screening and resident review (PASSR)

contract and use community service boards

(644,585)

Infant and Child Essential Health Treatment Services (Includes

Babies Can't Wait Program): Reduce funds for operating ex-

penses and contractual services

(62,853)

Reduce funds for programmatic grant-in-aid to Public Health

districts (Governor & Senate: 205,744)

(House: 469,936)

Department of Human Services; FY 2010A (Division of Aging Services)

Reduce funding Preschool Handicapped program. (1,110,989)

QBE Equalization: Reduce funding (17,446,343) (House: No reduction) (Senate: No reduction)

Regional Education Service Agencies (RESAs), reduce funding (Governor: 1,063,736) (House & Senate: 483,236 or 4% reduction)

Reduce funds provided for the Georgia Network for Educational

and Therapeutic Support (GNETS) [SED]

(2,764,827)

State Schools reduce funding (Governor: 938,853) (House& Senate: 469,426, 2% reduction)

Community Care Services Program (CCSP) Waiting List Medicaid; 1935 Non-Medicaid; 20,195

Reduce funds for the following contracts: Alzheimer respite ser-

vices ($225,000); Center for the Visually Impaired ($177,859);

Mobile Daycare ($36,228); Haralson County Senior Center

($15,000); Kinship Care ($478,275); Senior Legal Hotline

($259,669); Naturally Occurring Retirement Communities

($70,000); Navigator Training ($70,000); non-Medicaid Home

and Community Based respite services ($1,376,718) and Senior

Connections in DeKalb County ($20,000).

(total 2,728,749)

(House: restore 437,859 spread;

Senate, restore 225,000 to Alzheimer Respite)

Eliminate Funding for Naturally Occurring Retirement

Communities

(75,000)

Increase funds for enrollment growth at the Georgia School for Reflect administrative savings in the Money Follows the Person

the Deaf (Senate)

$145,280 demonstration project. (CCSP) FY 2010

(52,171)

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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: Updated since Crossover; Bills that didn't HB 1407: To provide for a single administrator for dental services for Medi-

pass one chamber are dead for the session.

caid recipients and PeachCare for Kids participants; to require the Department of Community Health to competitively bid out and contract with such

HB 565: Relating to handicapped persons, so as to create the Commission single administrator; to provide for requirements for the single administrafor the Blind and the Visually Impaired; to provide for legislative intent; to tor. Sponsors: Rogers, 26; Channell, 116, Cooper, 41. Status: House provide for the composition and appointment of commission members; to Passed / Adopted.

provide for an executive director; to provide for an annual report; to provide HR 1713: A RESOLUTION requesting that the Department of Behavioral

for a complaint process; to specify the powers and duties of the commis- Health and Developmental Disabilities, the Department of Community

sion, transferring functions otherwise assigned Sponsors: Howard, 121; Health, and the Department of Human Services submit to the General As-

Parham, 141; Benfield, 85; Status: HumR; House Second Readers. [Didn't sembly a multiyear comprehensive plan for creating a system of supports

Crossover, but planning a hearing]

for home and community based services that support independent living of

HB 907: Relating to the "Quality Basic Education Act," so as to revise cer- Georgians with disabilities; and for other purposes. Sponsors: Manning,

tain provisions relating to organization of schools, middle school programs, 32; Gardner, 57; Houston, 170; Walker, 107; Channell, 116; Rynders, 152

and scheduling. Sponsors: (1) Casas, 103; Coleman, 97; Maxwell,17.

Status: House First Readers.

Status: Ed&Y, Senate Read Second Time.

SB 161: Relating to insurance coverage for autism, so as to require certain

HB 908: Relating to the "Quality Basic Education Act," so as to temporarily suspend certain laws and requirements relating to expenditure controls, minimum direct classroom expenditures, maximum class size, additional days of instruction, and salary schedules; to provide for statutory construc-

insurance coverage of autism spectrum disorders. [Committee Sub, establishing Statewide Autism Task Force. Sponsors: Grant, 25; Williams, 19; Johnson, 1; Thomas, 54; Cowsert, 46. Status: I&L; Senate Committee Favorably reported.

tion; to provide for automatic repeal of such suspension; Sponsors: (1)

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

Casas, 103; Coleman, 97 Mawell,17. Status: Ed&Y, Senate Read Second Office of Planning and Budget, so as to require tax expenditure reviews as

Time.

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

HB 947: Supplemental Appropriations Fiscal Year 2010. Sponsors: Ral- tents and requirements of each report; to provide for related matters.

ston, 7th; Harbin, 118; Jones, 46; Keen, 179; Cole, 125; Pruett, 144.

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

Status: Approp, Senate Transmits House.

Status: App, House Withdrawn, Recommitted.

HB 948: Appropriations Fiscal Year 2011. Sponsors: Ralston, 7th; Harbin, 118; Jones, 46; Keen, 179; Cole, 125; Pruett, 144. Status: Approp, House Second Readers.

SB 289: Relating to therapy services for children with disabilities, so as to add a definition; to revise provisions relating to services and treatment for categorically needy and medically fragile children; to revise provisions relating to requirements relating to administrative prior approval for services and

HB 1040: Relating to exceptions to the operation of the "Georgia Regis- appeals; to provide for related matters. Sponsors: Moody, 56; Thomas,

tered Professional Nurse Practice Act," so as to provide that the perform- 54; Seay, 34; Orrock, 36. Status: H&HS: Senate Read and Referred.

ance of health maintenance activities by a designated caregiver under certain conditions shall not require licensure as a registered professional nurse. Sponsors: Pruett, 144; Cooper, 41; Cole, 125; Ramsey, 72. Status: House Passed / Adopted

SB 319: Relating to textbooks for elementary and secondary education, so as to require the definition of "textbook" to include computer hardware and technical equipment necessary to support the use of nonprint or digital content. Sponsors: Staton, 18; Douglas, 17; Goggans, 7; Grant, 25. Status:

HB 1218: To enact the "Transportation Investment Act of 2010"; to provide S&T, House Committee Favorably Reported.

for the creation of special districts; to provide for a referendum; to provide for annual reporting; to provide for Citizens Review Panels; and other matters. Sponsors: Cole, 125; Ralston, 7; Keen, 179; Roberts, 154, Glanton, 176. Status: Trans; House Committee Favorably Reported [Ongoing negotiations].

SB 391: Proceedings; provide for certain children found incompetent to stand trial; relating to proceedings upon plea of mental incompetency to stand trial, so as to revise and add definitions; to provide for certain children found incompetent to stand trial. Sponsors: Unterman, 45; Hill, 4.

Status: JudyNC; House Second Readers.

HB 1311: Relating to general provisions relative to the Division of Rehabilitation Services, so as to eliminate financial need as a consideration in the provision of vocational rehabilitation services; to provide for related matters;

SB 443: The "Medicaid Care Management Organizations Act," so as to create the Medicaid Care Management Organization Legislative Oversight

to repeal conflicting laws; and for other purposes. Sponsors: Scott, 153; Committee; to provide for its membership, terms, and meetings; to provide

Dempsey, 13; Kaiser, 59 Status: IndR; House Second Readers [Didn't

for its duties; and for other matters. Sponsors: Smith, 52; Hawkins, 49;

crossover, but planning a hearing]

Thomas, 54; Unterman, 45; Mullis, 53. Status: H&HS; House Second

Readers.

HB 1314: So as to provide for the comprehensive regulation of individual

development accounts; to provide for definitions; to provide for proce-

SR 1324: A RESOLUTION recognizing the harmful and unintended conse-

dures, conditions, and limitations with respect to the creation and operation quences of the use of the term "mental retardation" and resolving to refrain

of such accounts; and for other matters. Sponsors: Sheldon, 105; Ce.Hill, 180; Kaiser, 59; Mosby, 90. Status: House Passed / Adopted

from the use of this term in future speech and legislation; and for other purposes. Sponsors: Grant, 25; Unterman, 45; Goggans, 7; Thomas, 54.

Status: Senate Read and Adopted.

HB 1324: Relating to the Department of Behavioral Health and Develop-

mental Disabilities; to provide for additional members of the Behavioral

Tax / Revenue Bills:

Health Coordinating Council; to revise a provision relating to the duties and functions of regional planning boards; and for other matters. Sponsors: Butler, 18; Pruett, 144; Peake, 137; Ramsey, 72. Status: GvtO: Senate Read and referred

HB 307: So as to provide for a fee to be imposed on hospitals to be used to obtain federal financial participation for medical assistance payments under Medicaid; Sponsors: Cole, 125; Ramsey, 72. Status: Fin; Senate Read and Referred. [imposes a 1.45% bed tax on hospitals, excluding psy-

HB 1393: So as to provide for an exemption to the total local sales and chiatric, state, and critical access hospitals. Expected to raise about $169 use tax cap otherwise applicable; to provide such exemption for a certain million]

tax levied for purposes of a metropolitan area system of public transportation which is first levied after January 1, 2010 (C-Tran Bill). Sponsors: Abdul-Salaam, 74; Jordan, 77; Sinkfield, 60; Glanton, 76; Talton, 145. Status: House Passed / Adopted.

HB 1055: Relating to drivers' licenses, so as to change the fees for issuance of temporary licenses or identification cards; to change the fees and terms for certain permanent commercial and noncommercial drivers' licenses and identification cards; to provide for related matters Sponsors:

HB 1395: To provide that new slab-on-grade residential structures shall have certain features to provide for accessibility; Sponsors: Kidd, 141;

Levitas, 82; Rice, 51; Ramsey, 72; Cole, 125; Smith, 131 Status: FIN; Senate Read and Referred.

Ashe, 56; Oliver, 83; Millar, 79; Powell, 29, Gardner, 57. Status: RegI: House Second Readers,. [Didn't Crossover, but planning a hearing]

This is not a comprehensive list. We will continue to update Tax and Revenue Bills throughout the Session.

ADJOURNMENT CALENDAR: Monday, in recess. Tuesday, March 30th, Day 31. Wednesday, March 31st, Day 32. Thursday, April 1st, Day 33. The Legislature will stand in recess until Monday, April 12th, which will be the 34th Legislative Day.

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