Moving forward, vol. 15, no. 3 (2010 January 22)

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

The Developmental Disabilities Advocates' Guide to Legislation
Jan 22, 2010 Volume 15--Issue 3

Budget Briefings: The Governor opened budget briefings on Tuesday the 19th. All state agencies
presented their budgets to Joint Appropriations by Thursday afternoon. Commissioners and the State School Superintendent described the tough decisions they had to make the reduce their budgets within the revenue estimate. They had to make reductions despite growth in the population and need for programs. Some programs that provide necessary infrastructure (RESAs), or act as prevention to more deep-end services (CCSP), or that were cutting edge service delivery options, like Naturally Occurring Retirement Communities were significantly reduced or eliminated. There were no ICWP waivers proposed. BHDD received some of the only enhancements to the budget; Commissioner Shelp described how he would use the money to "build on the interface between the state hospitals and the community" so we can continue to transition individuals with disabilities out of institutions.
Monday January 25th will the 5th Legislative

Chairmanships: Appropriations, Ben Harbin, 118th;

Reduce QBE formula funding.

(527,023,763)

Health Sub committee, Mickey Channell, 116th; Human Resources Sub committee, Penny Houston, 170th; Education,

Eliminate funding for RESAs.

(12,093,399)

Terry English, 108th; Rules, Bill Hembree, 67th. For a complete

list, see the Unlock website

Reduce operational expenses at the State Schools. [occurs in 4

subprograms] Deaf, blind education House Leadership: Speaker of the House: David Ralston,

($1,290,922)

7th; Speaker Pro Tempore: Jan Jones, 46th; Majority

Reduce funding, State Schools.

Leader: Jerry Keen, 179th; Minority Leader, Dubose Porter,

($91,237)

143rd.

Department of Behavioral Health and Developmental

Senate Leadership--Presiding: Lt. Gov. Casey Cagle; Presi- Disabilities; FY 2010 (Adult and Child & Adolescent)

dent Pro Tempore: Tommy Williams, 19th; Majority Leader:

Chip Rogers, 21st; Minority Leader: Robert Brown, 26th.

Waiting List for HCBS / DD as of November: Short term

Long Term

2807 1796

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

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

your legislators' contact information at www.legis.state.ga.us

House Information, 1-800-282-5800; Senate Information

Department of Behavioral Health and Developmental

1-800-282-5803

Disabilities; FY 2011 (Adult and Child & Adolescent)

Budget Information:
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

Annualize the cost of FY 2010 DD slots

$5,567,066

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

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) $42,123,524

Georgia Learning Resources System (GLRS): Decrease federal All HCBS Providers were held harmless from a 1.98% Medicaid

funds to reflect projected expenditures.

(2,198,541) rate cut.

Reduce funds for Special Needs Scholarships based on actual Department of Community Health; FY 2010

need. [Special Needs Scholarships]

(4,015,110) Revise pre-admission screening and resident review (PASSR)

Reduce funding to the Preschool Handicapped program.

contract and use community service boards

(644,585)

(1,110,989) FY 2011

QBE Equalization: Reduce funding

(17,446,343) ICWP: Waiting List for ICWP as of November: 189

Reduce the Quality Basic Education (QBE) program.

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

($281,214,364) either community or MFP.

Regional Education Service Agencies (RESAs), reduce funding Department of Human Services; FY 2010 & FY 2011 (1,063,736) (Division of Aging Services)

Department of Education Budget FY 2011

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

Recognize funds from the American Recovery and Reinvestment [2010A and 2011 budgets]: Reduce funds for the following con-

Act of 2009 (additional federal dollars)

(675,681,111) tracts: Alzheimer respite services ($225,000); Center for the

GLRS: Decrease federal funds to reflect projected expenditures. (2,198,541)

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

Eliminate funding for National Board Certification. ($7,209,486) Communities ($70,000); Navigator Training ($70,000); non-

Medicaid Home and Community Based respite services

Reduce funds for Special Needs Scholarships based on projected ($1,376,718) and Senior Connections in DeKalb County

need.

($997,982) ($20,000).

(2,728,749)

Utilize federal funds to support funding for Special Ed-Low

Eliminate Funding for Naturally Occurring Retirement Communi-

Incidence grants.

($801,920) ties

(75,000)

Reduce funding to the Pre-School Handicapped program.

Reflect administrative savings in the Money Follows the Person

demonstration project. (CCSP) FY 2010

(52,171)

(1,308,783)

FY 2011

(116,935)

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 and New

regulations; to provide for limited liability; to provide for an annual report on

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

HB 128: Relating to disabled veterans and blind persons engaging in ped- Rogers, 21; Jud Hill, 32; Unterman, 45; Moody, 56. Status: ED&Y; recom-

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

a certificate of eligibility for an exemption from occupation taxes, adminis-

trative fees, and regulatory fees shall be valid for a period of ten years; SB 153: Relating to parking for persons with disabilities, so as to provide

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

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

HB 565: Relating to handicapped persons, so as to create the Commission 41; Ramsey, 43. Status: Hum R; House withdrawn, recommitted

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

provide for the composition and appointment of commission members; to SB 161: Relating to insurance coverage for autism, so as to require certain

provide for an executive director; to provide for an annual report; to provide insurance coverage of autism spectrum disorders. Sponsors: Grant, 25;

for a complaint process; to specify the powers and duties of the commis- Williams, 19; Johnson, 1; Thomas, 54; Cowsert, 46. Status: I&L; recom-

sion, transferring functions otherwise assigned Sponsors: Howard, 121; mitted

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

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

HB 566: To enact the "Blind Persons' Braille Literacy Rights and Education Office of Planning and Budget, so as to require tax expenditure reviews as

Act"; to provide definitions; to require an evaluation of a blind or visually a part of the budget report; to provide for a definition; to provide for

impaired child to determine such child's need for Braille instruction; to re- contents and requirements of each report; to provide for related matters.

quire Braille instruction in the individualized education program of a blind or Sponsors: Goggans, 7; J.Hill, 4; Williams, 19; Rogers, 21; Cowsert, 46.

visually impaired student; to provide requirements for textbook publishers Status: App, House Second Readers.

relating to Braille instructional materials; to provide license requirements

relating to Braille for certain teachers Sponsors: Manning, 32; Reese, 11; SB 247: Relating to general provisions relative to standards and require-

Status: Ed; House Second Readers.

ments for construction of buildings and other structures generally, so as to

enact the "New Home Access Act"; to require new at-grade residential

HB 636: Relating to criminal and related provisions pertaining to financial structures to include certain accessibility features. Sponsors: Orrock, 36;

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

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

adults; to provide for mandated and voluntary reporting; to provide for civil Senate Read & Referred.

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

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

HB 882: So as to expand the definition of "bullying"; to provide that a stu- categorically needy and medically fragile children; to revise provisions relat-

dent can be reassigned to another school for the purpose of separating

ing to requirements relating to administrative prior approval for services and

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

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

Education to develop a model policy regarding bullying; to provide for im- 54; Seay, 34; Orrock, 36. Status: H&HS: Senate Read and Referred.

mediate notification of law enforcement officials when a student commits an

alleged physical assault or battery on another student or on a teacher or SB 292: relating to courts, so as to substantially revise, supersede, and

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

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

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

HB 907: Relating to the "Quality Basic Education Act," so as to revise cer- children and youth services so as to provide for an appeal procedure when

tain provisions relating to organization of schools, middle school programs, the Division of Family and Children Services of the Department of Human

and scheduling. Sponsors: (1) Casas, 103rd; Coleman, 97th Mawell,17th. Resources fails to provide aftercare and transitional services to certain chil-

Status: Ed, House Second Readers.

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

10, Unterman, 45. Status: JUDY, Senate read and referred.

HB 908: Relating to the "Quality Basic Education Act," so as to temporarily

suspend certain laws and requirements relating to expenditure controls, SB 297: Relating to special license plates for persons with disabilities, so

minimum direct classroom expenditures, maximum class size, additional as to require submission of an updated affidavit by a practitioner of the

days of instruction, and salary schedules; to provide for statutory construc- healing arts; to amend Code Section 40-2-74.1 of the Official Code of

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

Georgia Annotated, relating to special parking permits for persons with dis-

Casas, 103rd; Coleman, 97th Mawell,17th. Status: Ed, House Second

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

Readers.

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

HB 922: Relating to therapy services for children with disabilities, so as to provide that certain programs providing services to sick and disabled children shall be eligible for certain public assistance funding; to provide for related matters; Sponsors: Cox, 102th; Everson, 106th. Status: C&Y, House Second Readers.
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.

SB 301: Relating to education, so as to raise the age of mandatory education from 16 to 17; to revise provisions relating to adult literacy for purposes of conformity; Sponsors: Jackson, 2; James, 35. Status: Prefiled.
SR 56: A Resolution creating the Georgia Vulnerable Adult Study Commission. Sponsor: 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 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

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Dates to Remember: 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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