HB 160AA – Termination of Parental Rights

 

The SILC and the Committee for FAMILY have worked on child custody related legislation to remove inappropriate disability language from current laws and add protections against discrimination because of a parent’s disability.  This bill deals with the criteria determining when and why a parent’s rights can be terminated and further amends legislation that was not revised during the 2002 legislative session.

 

OUTCOME—SIGNED INTO LAW!

HB 167 – Child Protection

 

This bill is part of the child custody legislation revised by the SILC and the Committee for FAMILY and is a companion bill to HB 160.  This legislation removes discrimination in the same manner as HB 160 from laws dealing with child protection and builds in language that grants the parent with a disability the right to present evidence and information regarding the manner in which the use of adaptive equipment or supportive services will enable the parent to carry out the responsibilities of parenting the child.

         

OUTCOME—SIGNED INTO LAW!

 

HCR 21aa – Developmental Disability -- Medicaid

 

The purpose of House Concurrent Resolution #21 was to establish a cost-effective Utilization Management Program for people with developmental disabilities within the Department of Health and Welfare. To require a system of checks and balances to be utilized along with prior authorization by the Regional Health and Welfare Access Units. To establish consistency of service through a system of objective standards, to be used throughout the state for plan development. To ensure that the right services for people with developmental disabilities are delivered in the right setting at the right cost.

 

OUTCOME—HELD IN THE SENATE HEALTH & WELFARE COMMITTEE

HB 26 – Blind Definition

 

This bill will remove from Idaho Code the requirement of a medically documented opinion in determining whether an individual is functionally blind.  The Idaho Commission for the Blind and Visually Impaired believes that a medical opinion should only be one of the factors used in determining whether an individual is functionally blind and this amendment would allow Commission counselors the ability to consider additional factors in making a final decision as to whether an individual is functionally blind.

 

OUTCOME—SIGNED INTO LAW

HCR 29 – Self-Directed Services

 

House Concurrent Resolution #29 encourages the Council on Developmental Disabilities to convene a task force in collaboration with the Department of Health & Welfare, people with developmental disabilities and other stakeholders to develop a Medicaid model waiver that would permit up to 200 adults with developmental disabilities to choose a different way of receiving services. The services would be based on need as determined by a consumer- centered plan and would cost no more, on average, than the present waiver costs.

 

ADOPTED

HB 52 AS AMENDED – Vulnerable Adults

 

This bill would have set a threshold at which the Idaho Commission on Aging is required to report to law enforcement complaints of abuse, neglect or exploitation.  In the past, the Commission has been required to report all complaints where such abuse, neglect or exploitation has caused any injury.  This has required reports to be made to law enforcement that never reach the level of sustaining a criminal action.  This bill would have given the Commission the discretion to screen cases that are reported to law enforcement.

 

OUTCOME—HELD IN THE SENATE JUDICIARY & RULES COMMITTEE

SB 1078 – Accessible Parking

 

The purpose of this legislation is to increase the availability of designated accessible parking spaces for persons with disabilities; to authorize additional enforcement authority; to prohibit improper parking; to revise terminology; to provide additional authority to authorize a temporary placard; and to increase penalties for violations.

 

OUTCOME—SIGNED INTO LAW!

SB 1182 – Idaho Commission on Aging Appropriation

 

This is the appropriation for the Commission on Aging for fiscal year 2004.  The bill appropriates $4,481,400 from the General Fund, $6,873,200 from the Federal Grant Fund, and $35,000 from the Miscellaneous Revenue Fund for a total of $11,389,600. The number of full-time equivalent positions is capped at 15.

NOTE: The Idaho Commission on Aging’s first appropriation bill SB1144 in the amount of $11,203,300 was vetoed by the Governor as he believed the funding cut would eliminate some essential services to the elderly.

 

OUTCOME—SIGNED INTO LAW

HB 91 – Supplemental Appropriation

 

This bill gives the State Independent Living Council (SILC) spending authority for the funds received from the ADA Task Force for their portion of shared office space in the amount of $4,500.

 

OUTCOME—SIGNED INTO LAW

HB 101 – Property Tax Relief

 

This bill would have amended existing law to provide that, for the circuit breaker property tax relief program, a person is deemed disabled who is prevented from engaging in any occupation or employment for remuneration or profit as a result of bodily injury, mental or emotional impairment or disease, either occupational or non-occupational in cause, which fact is certified by two licensed physicians.

 

OUTCOME—HELD IN THE HOUSE REVENUE AND TAX COMMITTEE

HB 162 – Help America Vote Act

 

This law adds to and amends existing Idaho law to implement the federal Help America Vote Act (HAVA) passed by Congress in October 2002 to make sweeping reforms to the nation’s elections process in order to address problems with voting systems and voter access that were identified following the 2000 Presidential Election.  HAVA requires state and local governments to:  1.  Create and maintain a single, uniform, centralized voter registration system.  2.  Provide information to voters on how to correct their ballots and request replacement ballots.  3.  Improve access, privacy and independence for voters with disabilities.  4.  Provide a formal procedure for complaints about state and county compliance with the Act.

 

OUTCOME—SIGNED INTO LAW

HB 169a – Definition of Rape

 

This law  clarifies the act of rape, particularly in instances where the act is perpetrated on females who are limited in their ability to give informed consent. Law enforcement and prosecution officers have found it difficult to build effective prosecution cases under the existing code. Consequently, many incidents are not prosecuted. It is believed that these proposed changes will improve the ability to prosecute as well as increase the level of deterrence to individuals to commit rape on women whose will to resist may be impaired.

 

OUTCOME—SIGNED INTO LAW

HB 171 – Amend Death Penalty

 

The purpose of this bill is to exempt people who are mentally retarded from the death penalty, and to amend Idaho state law to be in compliance with the 2002 United States Supreme Court ruling. The bill includes a definition of mental retardation and functioning level prerequisites as rules to follow in sentencing when mental retardation is a consideration. This legislation would set forth a fixed life term if the jury unanimously finds beyond a reasonable doubt any statutory aggravating circumstances.

OUTCOME—SIGNED INTO LAW

HB 213 – Sterilization

 

This bill rewrites the portion of Idaho Code regarding involuntary sterilization for people with developmental disabilities as the current statute has been found unconstitutional by Idaho District Courts. This bill will require courts to use criteria which meet constitutional standards. It also establishes a uniform procedure for the evaluation of the capacity of a person to give informed consent. For people who lack such capacity, this bill will give them an opportunity to access information about the procedure and express their preferences.

 

OUTCOME—SIGNED INTO LAW

HB 400a – Sales Tax

 

This legislation increases the sales tax from 5 percent to 6 percent for the period May 1, 2003, through June 30, 2005. The expected fiscal impact from this law would be that general fund revenues would be increased by $13 million in FY 2003 and $160 million in FY 2004 and FY 2005.

 

OUTCOME—SIGNED INTO LAW, IMMEDIATE ENFORCEMENT

HB 410 – ID Division of Vocational Rehabilitation Appropriation

 

This is the appropriation for the Division of Vocational Rehabilitation for fiscal year 2004. The bill appropriates $3,673,000 from the General Fund, $1,038,900 from dedicated funds, and $12,733,400 from federal funds for a total of $17,445,300; full-time positions are capped at 150; and intent language is included that directs Vocational Rehabilitation to share its fiscal, human resources, information technology, and reception functions with the Office of the State Board of Education and the Division of Professional-Technical Education in an effort to promote administrative efficiency.

NOTE:   The Governor vetoed the Idaho Division of Vocational Rehabilitation’s first appropriation bill HB 344 in the amount of $17,191,800 as he believed it would cut essential services to consumers.

 

OUTCOME—SIGNED INTO LAW

HB 411 – ID Commission for the Blind & Visually Impaired Appropriation

 

This is the appropriation for the Commission for the Blind and Visually Impaired for fiscal year 2004. The bill appropriates $1,312,800 from the General Fund, $286,600 from dedicated funds, and $1,986,400 from federal funds for a total of $3,585,800.   The full-time positions are capped at 39.50.

NOTE: HB 411 was introduced after the Governor vetoed ICBVI’s first appropriation bill HB 332 in the amount of $3,485,000 as he believed it would cut essential services to people who are blind and visually impaired.

 

OUTCOME—SIGNED INTO LAW

HJM 1 – Medicare Disparity

 

This is a Memorial to Idaho’s Congressional Delegation urging their support of equalizing Medicare payments to healthcare providers in Idaho and other less populous, rural states by removing the geographic practice cost guides that are currently part of the Medicare payment formula. These guides result in much higher reimbursements for physicians and healthcare providers in large, urban areas for the same services. This disparity is having a negative impact on a Medicare patient’s access to care in rural states.

 

ADOPTED