Moving forward, vol. 15, no. 13 (2010 April 6)

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

The Developmental Disabilities Advocates' Guide to Legislation
April 06, 2010 Volume 15--Issue 13

This issue of Moving Forward covers Days 331, 32 and 33 of the Session which finished up last Thursday evening with drama over HB 307, the Hospital bed tax bill. When it finally passed, it carried an amendment that would remove the premium tax from health insurance policies once the state budget reserve reaches $500 million. It is now reported that neither the Governor, nor the Speaker of the House are in support of this new version, and want a clean hospital tax bill, which is worth about $169 million in the FY 2011 budget. The fee bill, (HB 1055) expected to raise more than $80 million should also be up for a vote in the Senate next week. Without passage of these bills, neither budget can be settled, and it is possible that another legislative recess will need to be scheduled.
The Legislature will be in recess until April 12th, which will be Day 34. Anything could happen after that if House and Senate cannot reach an agreement on the legislation that will add revenue to the budget. Six official days remain.

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: H&HS; provide for the composition and appointment of commission members; to Senate Read and Referred

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 Second Readers.

Status: Ed&Y, Senate Read Second Time.
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 construction; to provide for automatic repeal of such suspension; Sponsors: (1) Casas, 103; Coleman, 97 Mawell,17. Status: Ed&Y, Senate Passed Apodtied
HB 947: Supplemental Appropriations Fiscal Year 2010. Sponsors: Ral-

SB 161: Relating to insurance coverage for autism, so as to require certain 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: Ins; House Second Readers
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: S&T, House Committee Favorably Reported

ston, 7th; Harbin, 118; Jones, 46; Keen, 179; Cole, 125; Pruett, 144. Status: Approp, Senate Transmits House.
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 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 Passed/Adopted

HB 1040: Relating to exceptions to the operation of the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance 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: H&HS, Senate Read and Refurred

SB 443: The "Medicaid Care Management Organizations Act," so as to create the Medicaid Care Management Organization Legislative Oversight Committee; to provide for its membership, terms, and meetings; to provide for its duties; and for other matters. Sponsors: Smith, 52; Hawkins, 49; Thomas, 54; Unterman, 45; Mullis, 53. Status: H&HS; House Second Readers

HB 1218: To enact the "Transportation Investment Act of 2010"; to provide SR 1324: A RESOLUTION recognizing the harmful and unintended consefor the creation of special districts; to provide for a referendum; to provide quences of the use of the term "mental retardation" and resolving to refrain for annual reporting; to provide for Citizens Review Panels; and other mat- from the use of this term in future speech and legislation; and for other purters. Sponsors: Cole, 125; Ralston, 7; Keen, 179; Roberts, 154, Glanton, poses. Sponsors: Grant, 25; Unterman, 45; Goggans, 7; Thomas, 54. 176. Status: Trans; House Committee Favorably Reported [Ongoing ne- Status: Senate Read and Adopted.

gotiations].

Tax / Revenue Bills:

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; to repeal conflicting laws; and for other purposes. Sponsors: Scott, 153; Dempsey, 13; Kaiser, 59 Status: IndR; House Second Readers [Didn't crossover, but planning a hearing]

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 contents and requirements of each report; to provide for related matters. Sponsors: Goggans, 7; J.Hill, 4; Williams, 19; Rogers, 21; Cowsert, 46. Status: App, House Passed/Adopted

HB 1314: So as to provide for the comprehensive regulation of individual development accounts; to provide for definitions; to provide for procedures, conditions, and limitations with respect to the creation and operation of such accounts; and for other matters. Sponsors: Sheldon, 105; Ce.Hill, 180; Kaiser, 59; Mosby, 90. Status: H&HS; 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; Passed/Adopted, with an amendment. [imposes a 1.45% bed tax on hospitals, excluding psychiatric, state, and critical access hospitals. Expected to

HB 1324: Relating to the Department of Behavioral Health and Developmental Disabilities; to provide for additional members of the Behavioral 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 Second Time
HB 1393: So as to provide for an exemption to the total local sales and use tax cap otherwise applicable; to provide such exemption for a certain 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: Fin; Senate Read and Referred
HB 1395: To provide that new slab-on-grade residential structures shall have certain features to provide for accessibility; Sponsors: Kidd, 141; Ashe, 56; Oliver, 83; Millar, 79; Powell, 29, Gardner, 57. Status: RegI: House Second Readers,. [Didn't Crossover, but planning a hearing]

raise about $169 million]
HB 1023: to enact the Jobs, Opportunity, and Business Success Act of 2010; to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to provide that, for a period of time, employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; so as to provide that a portion of net long-term capital gains shall be excluded from state taxable income of corporations and individuals; Sponsors: Graves, 12; Everson, 106; Lunsford, 110; Ramsey, 72; M. Scott, 2. Status: Senate 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: Levitas, 82; Rice, 51; Ramsey, 72; Cole, 125; Smith, 131 Status: FIN; Senate Read and Referred.

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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