Moving forward, vol. 15, no. 9 (2010 March 4)

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

The Developmental Disabilities Advocates' Guide to Legislation
March 4, 2010 Volume 15--Issue 9

The General Assembly took their second week of recess this week while dismal news about the budget continued to surface. Significant cuts to the University System of Georgia sparked the latest round of protest. Attitudes toward different revenue-raising strategies appear to be softening. On Monday the 8th, which will be the 21st legislative day, advocates for an increase in the tobacco tax will hold a rally at the at 10 AM at Central Presbyterian Church, and will release the results of a statewide poll at a press conference at 10:30 in room 450 of the Capitol.
The Department of Behavioral Health and Developmental Disabilities, the US Department of Justice, the Office of Civil Rights and the Georgia Advocacy Office have 2 weeks to renegotiate the settlement agreement regarding the status of people with disabilities in the state hospital system and those at risk of institutionalization. Advocates await the end of negotiations to assess the impact on the system and the state budget. March 15th is the new deadline for a settlement.

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. After the conference committee resolves differences on FY 2010A, we will carry the information on the FY 2011 budget.
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

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

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)

Georgia Learning Resources System (GLRS): Decrease federal Reduce funds for programmatic grant-in-aid to Public Health

funds to reflect projected expenditures.

( 2,198,541) districts (Governor & Senate: 205,744)

(House: 469,936)

Reduce funds for Special Needs Scholarships based on actual need. [Special Needs Scholarships] (4,015,110)
Reduce funding Preschool Handicapped program. (1,110,989)

Department of Human Services; FY 2010A (Division of Aging Services)
Community Care Services Program (CCSP) Waiting List Medicaid; 1935 Non-Medicaid; 20,195

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)

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)

State Schools reduce funding (Governor: 938,853) (House& Senate: 469,426, 2% reduction)
Increase funds for enrollment growth at the Georgia School for

Eliminate Funding for Naturally Occurring Retirement

Communities

(75,000)

Reflect administrative savings in the Money Follows the Person

demonstration project. (CCSP) FY 2010

(52,171)

the Deaf (Senate)

$145,280

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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: Carried Over from Last Session and New

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:

HB 128: Relating to disabled veterans and blind persons engaging in ped- Thomas, 54; J.Hill, 4; Harp, 29; Stoner, 6; Hill, 32; and others. Status:

dling, operating businesses, or practicing professions, so as to provide that A&CA; House Second Readers.

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 90: Relating to elementary and secondary education, so as to provide

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

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

HB 565: Relating to handicapped persons, so as to create the Commission school under certain conditions; to provide for the amount of scholarship

for the Blind and the Visually Impaired; to provide for legislative intent; to and method of payments, and other matters. Sponsors: Johnson, 1;

provide for the composition and appointment of commission members; to Rogers, 21; Jud Hill, 32; Unterman, 45; Moody, 56. Status: ED&Y; Re-

provide for an executive director; to provide for an annual report; to provide committed.

for a complaint process; to specify the powers and duties of the commis-

sion, transferring functions otherwise assigned Sponsors: Howard, 121; SB 153: Relating to parking for persons with disabilities, so as to provide

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

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 636: Relating to criminal and related provisions pertaining to financial 41; Ramsey, 43. Status: Hum R; House withdrawn, Recommitted

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

adults; to provide for mandated and voluntary reporting; to provide for civil SB 161: Relating to insurance coverage for autism, so as to require certain

penalties. Sponsors: Mitchell, 88; Maxwell, 17; Marin, 96. Status: Judy, insurance coverage of autism spectrum disorders. Sponsors: Grant, 25;

House Second Readers.

Williams, 19; Johnson, 1; Thomas, 54; Cowsert, 46. Status: I&L; Recom-

mitted

HB 742: Relating to consent for surgical or medical treatment, so as to

provide for additional persons and entities that shall be authorized to con- SB 206: Relating to management of budgetary and financial affairs by the

sent to surgical or medical treatment on behalf of an incapacitated person, Office of Planning and Budget, so as to require tax expenditure reviews as

and for other matters. Sponsors: Oliver, 83; Gardner, 57; Lindsey, 54; a part of the budget report; to provide for a definition; to provide for

Shipp, 58. Status: Judy: House Second Readers

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

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

HB 907: Relating to the "Quality Basic Education Act," so as to revise cer- Status: App, House Committee Favorably Reported.

tain provisions relating to organization of schools, middle school programs,

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

SB 289: Relating to therapy services for children with disabilities, so as to

Status: Ed&Y, Senate Read Second Time.

add a definition; to revise provisions relating to services and treatment for

categorically needy and medically fragile children; to revise provisions relat-

HB 908: Relating to the "Quality Basic Education Act," so as to temporarily ing to requirements relating to administrative prior approval for services and

suspend certain laws and requirements relating to expenditure controls, appeals; to provide for related matters. Sponsors: Moody, 56; Thomas,

minimum direct classroom expenditures, maximum class size, additional 54; Seay, 34; Orrock, 36. Status: H&HS: Senate Read and Referred.

days of instruction, and salary schedules; to provide for statutory construc-

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

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

Casas, 103; Coleman, 97 Mawell,17. Status: Ed&Y, Senate Read and Re- modernize provisions relating to juvenile proceedings; to amend Article 1 of

ferred .

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

children and youth services. Sponsors: Hamrick, 30; Harp, 29; Brown, 26,

HB 922: Relating to therapy services for children with disabilities, so as to Ramsey, 43, Jones, 10, Unterman, 45. Status: JUDY, Senate Read and

provide that certain programs providing services to sick and disabled chil- Referred.

dren shall be eligible for certain public assistance funding; to provide for

related matters; Sponsors: Cox, 102; Everson, 106. Status: C&Y, House SB 301: Relating to education, so as to raise the age of mandatory educa-

Second Readers. [tabled pending fiscal note 2/9]

tion from 16 to 17; to revise provisions relating to adult literacy for purposes

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

HB 947: Supplemental Appropriations Fiscal Year 2010. Sponsors: Ral-

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

SB 319: Relating to textbooks for elementary and secondary education, so

Status: Approp, Senate Transmits House .

as to require the definition of "textbook" to include computer hardware and

technical equipment necessary to support the use of nonprint or digital con-

HB 985: So as to authorize taxpayers to make certain contributions

tent. Sponsors: Staton, 18; Douglas, 17; Goggans, 7; Grant, 25. Status:

through the income tax payment and refund process to programs for the S&T, House Second Readers.

education regarding and alleviation of multiple sclerosis. Sponsors: Fludd,

66; Mosby, 90. Status: W&M; House Second Readers.

SB 357: Relating to medical assistance generally, so as to suspend, rather

than terminate, an individual's Medicaid benefits while he or she is incarcer-

HB 999: Relating to health, to provide for portable medical orders; to pro- ated. Sponsors: Jones, 10; Butler, 55; Orrock, 36; Seay, 34; Harbison, 50.

vide for requirements regarding who may administer a portable medical Status: H&HS; Senate Read and Referred.

order; to provide for the approval of the court with respect to certain port-

able medical orders; and other; Sponsors: Lindsey, 54; Jacobs, 80;

SB 391: Proceedings; provide for certain children found incompetent to

Oliver, 83; Willard, 49. Status: Judy: House Second Readers.

stand trial; relating to proceedings upon plea of mental incompetency to

stand trial, so as to revise and add definitions; to provide for certain chil-

HB 1040: Relating to exceptions to the operation of the "Georgia Regis- dren found incompetent to stand trial. Sponsors: Unterman, 45; Hill, 4.

tered Professional Nurse Practice Act," so as to provide that the perform- Status: Judy: Senate Read and Referred.

ance of health maintenance activities by a designated caregiver under

certain conditions shall not require licensure as a registered professional SB 425: Mental Health Admin.; revise definition of health services; com-

nurse. Sponsors: Pruett, 144; Cooper, 41; Cole, 125; Ramsey, 72.

munity service boards; Relating to general provisions relative to administra-

Status: JudyNC, House Second Readers.

tion of mental health, developmental disabilities, addictive diseases, and

other disability services, so as to revise the definition of "health services"

HB 1218: To enact the "Transportation Investment Act of 2010"; to provide and other matters. Sponsors: Balfour, 9; Henson, 41, Jones, 10; Hooks,

for the creation of special districts; to provide for a referendum; to provide 14; Hill, 4. Status: H&HS; Senate Read and Referred.

for annual reporting; to provide for Citizens Review Panels; and other mat-

ters. Sponsors: Cole, 125; Ralston, 7; Keen, 179; Roberts, 154, Glanton, SR 56: A Resolution creating the Georgia Vulnerable Adult Study Commis-

176. Status: Trans: House Second Readers.

sion. Sponsor: Ramsey, 43. Status: H&HS; Read & Referred.

THANKS TO ALL! For another HUGELY SUCCESSFUL Disability Day at the Capitol!
Mental Health Day at the Capitol: March 4th

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