Moving forward, vol. 15, no. 2 (2010 January 14)

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

The Developmental Disabilities Advocates' Guide to Legislation
Jan 14, 2010 Volume 15--Issue 2

State of the State: The Governor gave his last State of the State address on Wednesday, January 13th. It
did not include budget information save for a mention of funding for the mental health system in response to the Department of Justice investigation. Nor did he address directly issues of transportation, water, or education except for reference to a proposal to establish a merit-compensation program for teachers that will be based on student performance rather than increased education and professional development. He thanked State employees for their hard work and sacrifice, and urged all citizens of the state to "elevate them[selves] out of the easy way of dependency," calling on "every Georgian to build rather than consume.....to give rather than take." Notes from Jack Hill's office, Chair of Senate Appropriations, prepares us for only being able to fund the state budget at the 2005 level, or $15.7 billion dollars, compared to FY 2008, which was $21.1 billion. This will be the most challenging budget to balance in most of the advocates' experience.

New Speaker of the House: Formal elections for House Budget Information:

leadership proceeded as anticipated. Democrats offered their own candidates for leadership, Representative Calvin Smyre, 132nd, and Representative Kathy Ashe, 56th, but the majority

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

party candidates were voted in as expected. Representative Jan

Jones is the first woman to hold the position of Speaker Pro

Department of Behavioral Health and Developmental

Tem in the history of the State.

Disabilities; FY 2010 (Adult and Child & Adolescent)

We expect some Chairmanships to change. All other leadership Waiting List for HCBS / DD as of November: Short term 2807

changes will be reported in upcoming issue of Moving Forward.

Long Term 1796

House Leadership: 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

Provide funds to enhance hospital operations and quality of care;

Adult DD, Adult Forensic, Adult Mental Health, Direct Care Sup-

port Services (State Hospitals)

$20,333,333

Department of Behavioral Health and Developmental Disabilities; FY 2011 (Adult and Child & Adolescent

Annualize the cost of FY 2010 DD slots

$5,567,066

Provide funds for 150 new developmental disabilities waiver slots $3,346,180

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

Provide funds to enhance hospital operations and quality of care

(this line item covers all hospital appropriations for Mental Health

and Developmental Disabilities

$42,123,524

All HCBS Providers were held harmless from a 1.98% Medicaid rate cuts.

Adjournment Resolution

January 14th

4th Legislative Day

January 18th

Martin Luther King Remembrance

January 19th-22nd Adjourned for budget briefings

January 25th, Mon

5th Legislative Day

January 26th, Tues

6th Legislative Day

January 27th, Wed

7th Legislative Day

January 28th, Thurs

8th Legislative Day

January 29th

Friday Adjourned

February 1, Mon

9th Legislative Day

February 2, Tues

10th Legislative Day

Department of Community Health; FY 2011

Waiting List for ICWP as of November:

189

There were no ICWP waiver slots funded in the FY 2011 budget.

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

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).

(2,728,749)

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

HB 128: Relating to disabled veterans and blind persons engaging in ped- SB 206: Relating to management of budgetary and financial affairs by the

dling, operating businesses, or practicing professions, so as to provide that Office of Planning and Budget, so as to require tax expenditure reviews as

a certificate of eligibility for an exemption from occupation taxes, adminis- a part of the budget report; to provide for a definition; to provide for

trative fees, and regulatory fees shall be valid for a period of ten years; contents and requirements of each report; to provide for related matters.

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

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

Status: App, House Second Readers.

HB 565: Relating to handicapped persons, so as to create the Commission for the Blind and the Visually Impaired; to provide for legislative intent; to provide for the composition and appointment of commission members; to provide for an executive director; to provide for an annual report; to provide for a complaint process; to specify the powers and duties of the commission, transferring functions otherwise assigned Sponsors: Howard, 121;

SB 244: Relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; Sponsors: Unterman, 45; Thomas, 54; Goggans, 7. Status: H&HS; House Insist, conferees appointed, tabled.

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

SB 247: Relating to general provisions relative to standards and require-

HB 566: To enact the "Blind Persons' Braille Literacy Rights and Education ments for construction of buildings and other structures generally, so as to Act"; to provide definitions; to require an evaluation of a blind or visually enact the "New Home Access Act"; to require new at-grade residential impaired child to determine such child's need for Braille instruction; to re- structures to include certain accessibility features. Sponsors: Orrock, 36; quire Braille instruction in the individualized education program of a blind or Douglas, 17; Moody, 56; Jones, 10; Hill, 32 and others. Status: RU&I; visually impaired student; to provide requirements for textbook publishers Senate Read & Referred.

relating to Braille instructional materials; to provide license requirements relating to Braille for certain teachers Sponsors: Manning, 32; Reese, 11; Status: Ed; 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 relat-

HB 636: Relating to criminal and related provisions pertaining to financial ing to requirements relating to administrative prior approval for services and

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

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

adults; to provide for mandated and voluntary reporting; to provide for civil 54; Seay, 34; Orrock, 36. Status: H&HS: Senate Read and Referred.

penalties. Sponsors: Mitchell, 88; Maxwell, 17; Marin, 96. Status: Judy,

House Second Readers.

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

modernize provisions relating to juvenile proceedings; to amend Article 1 of

HB 907: Relating to the "Quality Basic Education Act," so as to revise certain provisions relating to organization of schools, middle school programs, and scheduling. Sponsors: (1) Casas, 103rd; Coleman, 97th Mawell,17th. Status: Ed, House Second Readers.

Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services so as to provide for an appeal procedure when the Division of Family and Children Services of the Department of Human Resources fails to provide aftercare and transitional services to certain children. Sponsors: Hamrick, 30; Harp, 29; Brown, 26, Ramsey, 43, Jones,

HB 908: Relating to the "Quality Basic Education Act," so as to temporarily 10, Unterman, 45. Status: JUDY, Senate read and referred.

suspend certain laws and requirements relating to expenditure controls, minimum direct classroom expenditures, maximum class size, additional SR 56: A Resolution creating the Georgia Vulnerable Adult Study Commisdays of instruction, and salary schedules; to provide for statutory construc- sion. Sponsor: Ramsey, 43. Status: H&HS; Read & Referred.

tion; to provide for automatic repeal of such suspension; Sponsors: (1) Casas, 103rd; Coleman, 97th Mawell,17th. Status: Ed, House Second Readers.

Legislation: Prefiled for this Session

SB 5: Relating to the use of safety belts in passenger vehicles, so as to 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: A&CA; House Second Readers.

HB 882: So as to expand the definition of "bullying"; to provide that a student can be reassigned to another school for the purpose of separating such student from his or her bullying victim; to direct the Department of Education to develop a model policy regarding bullying; to provide for immediate notification of law enforcement officials when a student commits an

SB 25: Relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment

alleged physical assault or battery on another student or on a teacher or other school employee; Sponsor: Jacobs, 80. Status: Prefiled.

and refund process to programs for the education regarding and alleviation SB 297: Relating to special license plates for persons with disabilities, so

of multiple sclerosis; Sponsors: Seay, 34; Adelman, 42; Brown, 26; Butler, as to require submission of an updated affidavit by a practitioner of the

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

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

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

Georgia Annotated, relating to special parking permits for persons with disabilities, so as to require submission of an updated affidavit by a practitioner of the healing arts. Sponsor: Seay, 34. Status: Prefiled.

school under certain conditions; to provide for definitions; to provide for the SB 301: Relating to education, so as to raise the age of mandatory educaamount of scholarship and method of payments; to provide for rules and tion from 16 to 17; to revise provisions relating to adult literacy for purposes regulations; to provide for limited liability; to provide for an annual report on of conformity; Sponsors: Jackson, 2; James, 35. Status: Prefiled. the program; to provide for related matters. Sponsors: Johnson, 1;

Rogers, 21; Jud Hill, 32; Unterman, 45; Moody, 56. Status: ED&Y; recom-

mitted.

SB 153: Relating to parking for persons with disabilities, so as to provide

www.gcdd.org

for use of more than one parking place by persons with disabilities when all parking places for persons with disabilities are full. Sponsors: Henson,

www.unlockthewaitinglists.com

41; Ramsey, 43. Status: Hum R; House withdrawn, recommitted SB 161: Relating to insurance coverage for autism, so as to require certain

E-mail us at unlockthewaitinglists@gcdd.org

insurance coverage of autism spectrum disorders. Sponsors: Grant, 25; Williams, 19; Johnson, 1; Thomas, 54; Cowsert, 46. Status: I&L; recom-

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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 Transit Day 2010: February 18th
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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