Moving forward, vol. 16, no. 14 (2011 April 21)

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

The Developmental Disabilities Advocates' Guide to Legislation
April 21, 2011 Volume 16--Issue 14

SINE DIE! General Assembly adjourned on April 14th. Moving Forward presents the final budget information for FY 2012, the legislation that passed out this session, and then the legislation that will carry over.
OF NOTE: Tax Reform legislation was not voted on. Cross-state insurance legislation and Immigration legislation passed. Stand alone Health Department legislation passed. Several pieces relating to the Department of Justice Settlement agreement passed, enabling the Department of Behavioral Health and Developmental Disabilities to proceed with the work. Special Session for Redistricting will begin August 15th. STAY IN TOUCH WITH YOUR LEGISLATORS OVER THE SUMMER! Raise your voice!

House and Senate News:

Department of Community Health; FY 2012:

House Leadership -- Speaker of the House: David Ralston, Eliminate optional benefit coverage for adult vision, dental

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

and podiatry

Leader: Larry O'Neal 146th; Minority Leader: Stacey Abrams.

(864,829) (6,163,079) (H,S:No)

Senate Leadership--Presiding: Lt. Gov. Casey Cagle; President Pro Tempore: Tommie Williams, 19th; Majority

Provide funding for 33 slots in the Independent Care Waiver Program to address the community waiting list $545,543

Leader: Chip Rogers, 21st; Majority Whip: Cecil Staton, 18th; Health Facilities Regulation: reduce funds for 6 new state

Minority Leader: Robert Brown, 26th. Minority Whip: Steve Henson, 41st.

licensure positions in FY 2011 appropriations.

(478,181)

Contact information for the Governor--The Honorable

Restore funds for the Children 1st Program

$1,500,000

Nathan Deal, 203 State Capitol, Atlanta, Georgia, 30334; 404-656-1776, http://gov.state.ga.us

Reflect savings from the phase out of the Babies Born

Healthy program.

(2,915,006)

Visit www.vote-smart.org to identify your legislators. Find your legislators' contact information at www.legis.state.ga.us

Reduce general grant-in-aid to county boards of health

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

(2,484,328) (H, S: No)

1-800-282-5803.

Implement new copayments for PeachCare members 6 years

FY 2012 Final Budget as in HB 78

of age and older

(1,503,409)

Cuts are in ( ). State dollars unless indicated. H=House,

S=Senate, No means disagreement with Governor's

Department of Education, FY 2012

position

Reduce funds provided for Residential Treatment Centers

Department of Behavioral Health and Developmental House: (38,701), Sparsity Grants (298,331), and Special

Disabilities; Georgia reached a settlement with the

Needs Scholarships (966,636)

Department of Justice on October 19, 2010. Figures below

support the Settlement Agreement.

Preschool Handicapped: Reduce funds.

(574,851)

Provide funding for 400 family supports, 5 crisis respite homes, and 6 mobile crisis teams for people with DD
$12, 800, 081 [Note: This is broken down into $1,684,800 for Family Support and $9,617,681 for mobile crisis teams and crisis respite homes. The remaining $1,497,00 annualizes the Family Support services from the 2011 budget. DOJ Settlement directs 450 Family Support Services. The funds will support 450 families].

Pupil Transportation, reduce funds.

(8,317,704)

QBE Formula: Increase funds for training and experience,

newly certified math and science teachers and charter sys-

tems. House and Senate:

$29,822,134

Reduce funding for the RESAs core services. (482,344)

Reduce funds for GNETS (SED)

(1,298,054)

School Nurses: Reduce funding for grants.

(1,099,980)

Annualize the cost of the FY 2011 150 waiver slots for the Provide funds for physical fitness activities $9,100, and New Options Waiver (NOW) and COMP Waiver $7,092,697 teacher training and experience at Georgia School for the

Provide for 250 additional waivers for NOW and COMP;

Deaf

$309,189

150 to transition people from hospitals, 100 for the com- Department of Labor; Vocational Rehabilitation, 2012

munity (6 months of funding)

$7,463,475

Reduce funds for personal services.

(1,079,897)

Provide funding for additional NOW/COMP waivers services

for youth aging out of DFCS custody

$680,411 Reduce funds for contracts.

(391,362)

Replace loss of the enhanced Federal Medical Assistance Percentages (FMAP) from (ARRA) of 2009. $42,144,989

[Note: With the $42,144,989 above, $8,166,004 added to Adult Mental Health, and #,790,838 added to Child and Adolescent Mental Health, the state dollars to replace the loss of ARRA funds are made whole.]

Realize efficiencies of serving fewer consumers in

institutions by closing one state hospital. Adult DD

Services:

(2,289,405)

Direct Support Services

(3,270,191)

Funding for Marcus Center was restored

$0

Department of Human Services; 2012 (Division of Aging Services)

Eliminate the contract with the Center for the Visually

Impaired.

House, Senate, Fully Restored Funding

Reduce funds for Alzheimers Respite Services and NonMedicaid Home Community Based Respite Services.
House, Senate, Fully Restored Funding

Transfer the Family Connection program to the Governor's

Office of Children and Families and recognize savings from

consolidation.

House, Senate: NO

Reduced Family Connection county collaborative contracts. House, Senate, Restored Funding

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.

Passed legislation:
HB 24: To substantially revise, supersede, and modernize provisions relating to evidence, [including] to change provisions relating to foreign language interpreters and interpreters for the hearing impaired. Sponsors: Willard, 49; Lindsey, 54; Weldon, 3; Dobbs, 53; Jacobs, 80. Status: Judy; Senate Passed/Adopted.
HB 47: Relating to individual health insurance coverage, so as to authorize insurers to offer individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states. Sponsors: Ramsey, 72; Meadows, 5; Maxwell, 17; Sheldon, 105; Peake, 137; Lindsey, 54. Status: I&L; House Agree Senate Amend or Sub.
HB 77: 2011 Budget. Sponsors: Ralston, 7; Jones, 46; O'Neal, 146; England, 108; Collins, 27; Huckaby, 113. Status: Approp; House Date Signed by Governor.

Sponsors: Bulloch, 11; Rogers, 21; Balfour, 9; Stoner, 6; Sims, 12; Grant, 25. Status: RegInd; House Committee Favorably Reported.
SB 17: To establish the Special Advisory Commission on Mandated Health Insurance Benefits; to provide for review of proposed legislation containing a mandated health insurance benefit or provider; and other matters. Sponsors: Golden, 8; Goggans, 7; Shafer, 48. Status: Ins; Senate Sent to the Governor.
SB 178: Relating to health care facilities, so as to provide for the regulation and licensing of assisted living communities; Sponsors: Grant, 25; Williams, 19; Hill, 32, Murphy, 27; Jackson, 24; Mullis, 53. Status: HHS; House Committee Favorably Reported.
Legislation to be carried over:

HB 78: 2012 Budget. Sponsors: Ralston, 7; Jones, 46; O'Neal, 146; England, 108; Collins, 27; Huckaby, 113. Status: Approp; Senate Passed / Adopted.
HB 87: The "Illegal Immigration Reform and Enforcement Act of 2011;" to amend the O.C.G.A.; to provide for a private cause of action; to require private employers to use an employment eligibility verification system and provide for civil penalties. Sponsors: Ramsey, 72; Golick, 34; Dempsey, 13; Austin, 10; Allison, 8; Lindsey, 54. Status: Judy: House Agree Senate Amend or Sub.

HB 23: To require the Department of Human Services to establish regulations governing the use of psychotropic medications for foster children in state custody. Sponsor: M.Oliver, 83. Status: HHS; House Second Readers.
HB 52: To add public and private schools, public and private colleges, and public and private universities to the places where disabled persons may be accompanied by a guide or service dog; to prohibit the requiring of extra deposits for persons with guide or service dogs. Sponsor: Bearden, 68. Status: H.Ed; Senate Read Second Time.

HB 186: Relating to the "Quality Basic Education Act," so as to provide and expand career pathway options for high school students to ensure their career and college readiness. Sponsors: Nix, 69; Coleman, 97; Clark, 104; Davis, 109; Carter, 175; Maxwell, 17. Status: Ed&Y, House Agree Senate Amend or Sub

HB 181: Relating to the scholarship program for special needs students, so as to provide for the waiver of one of the scholarship requirements under certain conditions. Sponsors: Golick, 34; Coleman, 97; Casas, 103; Lindsey 54; Nix, 69. Status: Ed&Y; Senate Read Second Time.

HB 192: To establish the State Education Finance Study Commission to evaluate the Quality Basic Education Formula and education funding for public schools. Sponsors: Coleman, 97; England, 108; Carter, 175; Abrams, 84; Kaiser, 59; Ashe, 56. Status: Ed&Y: Senate Agrees House Amend or Sub

HB 229: Relating to administrative hearings and appeals under Medicaid generally, so as to provide that the decision of the administrative law judge shall be the final administrative decision of the commissioner. Sponsors:Cooper, 41; Jacobs, 80; Channell, 116; Lindsey, 54; Oliver, 83. Status: Judy; Favorably Reported.

HB 200: Relating to crimes and offenses, criminal procedure, and law enforcement, respectively, so as to discourage trafficking of persons for labor or sexual servitude and provide greater protections to persons subject to such crimes. Sponsors: Lindsey, 54; Golick, 34; Houston, 170; Oliver, 83; Willard, 49; Manning, 32. Status: Senate Passed/Adopted.
HB 214: To establish the Department of Public Health. Sponsors: Channell, 116; Parish, 156; England, 108; Sheldon, 105; Cooper, 41; Huckaby, 113. Status: HHS; House Agree Senate Amend or Sub
HB 226: To provide for the comprehensive regulation of individual development accounts; to add to uses for individual development accounts. Sponsors: Sheldon, 105; Houston, 170; Hill, 21; Cooper, 41; Clark, 98. Status: HHS; Senate Passed / Adopted.
HB 324: Relating to the habitation of the developmentally disabled generally; to repeal various obsolete provisions relating to procedures for obtaining services from the DBHDD relative to developmentally disabled persons; to provide for hearings by administrative law judges; to eliminate hearing examiners; Sponsors: Neal, 1; Collins, 27th; Cooper, 41; Gardner, 57; Murphy, 120. Status: HHS; Senate Passed/Adopted.
HB 343: So as to provide for crisis stabilization units for the purpose of providing psychiatric stabilization or detoxification services; to provide for a definition. Sponsors: Cooper, 41; Huckaby, 113; Collins, 27; Carter, 175; Houston, 170; Howard, 121. Status: HHS, House Agree Senate Amend or Sub.
HB 421: Relating to change provisions relating to the proceedings upon a plea of mental incompetency to stand trial; to provide for definitions and the use of consistent terminology; to provide for a bench trial for competency proceedings; to provide for maximum commitment to the DBHDD under certain circumstances; to amend the "Crime Victims' Bill of Rights" so as to change provisions relating to victim notification from the DBHDD. Sponsors: Welch, 110; Willard, 49; Manning, 32; Atwood, 179. Status: Judy; House Agree Senate Amend or Sub.
SB 10: Relating to the local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that in each county or municipality in which package sales of only malt beverages and wine by retailers is lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales if approved by referendum;

HB 387: To provide for comprehensive revision of the revenue structure of the State of Georgia. Sponsors: Channell, 116; O'Neal, 146; Jones, 46; Peake, 137. Status: Spec. Joint Comm; House Withdrawn, Recommitted.
HB 388: To provide for comprehensive revision of the revenue structure of the State of Georgia. Sponsors: Channell, 116; O'Neal, 146; Jones, 46; Peake, 137. Status: Spec. Joint Comm; House Withdrawn, Recommitted.
HB 432: Relating to general provisions relative to labor and industrial relations, so as to allow employees to use sick leave for the care of immediate family members. Sponsors: Dempsey, 13; Manning, 32; Smith, 129; McKillip, 115; Sims, 119; Kaiser, 59. Status: IR; House Second Readers.
HB 471: Relating to arrest and detention of juveniles, so as to change provisions relating to when interim control of children is permitted. Sponsors: Willard, 49; Lindsey, 54; Oliver, 83; Jacobs, 80; Weldon, 3; Dobbs, 53. Status: Judy; House Second Readers.
HB 476: To establish the Georgia Health Exchange Authority; to provide for legislative intent; to provide for definitions; to provide for a board of directors; to provide for composition, terms, and officers; to provide for powers and duties of the authority; to provide for the Georgia Health Exchange and the Small Business Health Options Program (SHOP) Exchange; to provide for automatic repeal under certain conditions; to provide for a trust fund; to provide for an advisory committee; to provide for limited liability; to provide for rules and regulations; to provide for accounts and audits. Sponsors: Smith, 131; Meadows, 5. Status: Ins; House Withdrawn, Recommitted.
SB 198: Relating to primaries and elections generally, so as to provide definitions; to cover all disabilities in providing assistance in voting. Sponsors: Goggans, 7; Grant, 25; Unterman, 45. Status: Ethics; Senate Read and Referred.
SB 245: Relating to definitions relative to governing and regulation of mental health, so as to revise the definition of "developmental disability." Sponsor: Goggans, 7. Status: HHS; House Second Readers.
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