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SILC Post-Legislative Update

Issue 3, May, 2001

The legislative session is finally over for this year. For two years the State Independent Living Council (SILC) and people with disabilities have worked very hard to pass the Child Custody Legislation Bills, SB 1073 and SB 1074. After the bill was defeated during the 2000 legislative session, the SILC and interested parties worked over the summer to revise language, separate the bill into two bills and update the Fiscal Impact Statements. We were very disappointed again this year when the bills on the senate floor two years in a row. The SILC plans to reconvene the Committee on FAMILY, review language, increase support, and develop revised legislation for introduction during the next legislative session.

Thanks to all of you who responded to these updates by contacting your representative’s to voice your opinions.

Kelly Buckland, Executive Director

SB 1073 FAMILY

The SILC formed the Committee for Fathers and Mothers Independently Living with their Youth (FAMILY) to (1) remove from current law any inappropriate disability language, (2) build into current law protections against discriminatory actions because of a parent’s disability in child custody legal proceedings, and (3) create support fund that will pay for the necessary services to support parents with disabilities. Idaho child custody laws, as currently written, reflect the historical bias against parents with disabilities and present an unrealistic view of the disability community. Laws repeatedly reference having a disability as factor in the ability of parents to effectively raise their children, implying those parents with disabilities are incapable of properly caring for their children. This legislation would revise current laws pertaining to divorce, child protection, termination of parental rights, adoption, and child/parent relationships. Language, which is biased against parent’s disabilities, would be removed, and replaced with language to protect parents with disabilities from discrimination. SB 1073 addresses adoption and child custody, while SB 1074 ADDRESSES CHILD PROTECTION.

Outcome: Failed: Passed Senate Health & Welfare, held in House Health & Welfare CommitteeOutcome: Failed: Passed Senate Health & Welfare, held in House Health & Welfare Committee

HCR 26a Prescription Drug Purchases

This legislation addresses the high cost of prescription drugs, which is one of the greatest concerns for citizens of the state of Idaho. This bill urges the Governor and the Director of the Department of Health and Welfare to pursue the development of a compact with our sister states to facilitate purchases of prescription drugs by the most economic method.

Outcome: AdoptedOutcome: Adopted

SB 1161 ICBVI

This bill would have amended existing law to provide that the number of commissioners on the Idaho Commission for the Blind and Visually Impaired shall be increased from five to seven, at least four of whom shall be blind or visually impaired, and not more than four of whom shall belong to the same political party; and to provide that one member must be a member as designated by the National Federation of the Blind in Idaho.

Outcome: Failed, held in Senate Health & Welfare CommitteeOutcome: Failed, held in Senate Health & Welfare Committee

SCR 110 Mentally Ill – Developmentally Disabled

The Director of the Department of Health and Welfare is requested to research and modify the circumstances under which the Aged and Disabled Waiver and the State Plan Personal Care Services may be utilized to address the needs of mentally ill, developmentally disabled, and multiple diagnosed individuals who may, by use of these services, save General Fund Dollars now being used to maintain the individual in state hospitals.

Outcome: AdoptedOutcome: Adopted

HB 1 Medicaid Co-Pay

During the 2000 session, the Legislature passed intent language for fiscal year 2001 which was included in HB 797 to implement cost sharing measures as allowed by federal law for services funded by the Medicaid program. The Department of Health and Welfare (IDHW) was then to propose legislation for longer term cost control measures. This legislation would have given on–going authorization to IDHW to implement additional co-payments and other cost sharing methods for services received under the Medicaid program

During the 2000 session, the Legislature passed intent language for fiscal year 2001 which was included in HB 797 to implement cost sharing measures as allowed by federal law for services funded by the Medicaid program. The Department of Health and Welfare (IDHW) was then to propose legislation for longer term cost control measures. This legislation would have given on–going authorization to IDHW to implement additional co-payments and other cost sharing methods for services received under the Medicaid program.

Outcome: Failed, held in House Health & Welfare CommitteeOutcome: Failed, held in House Health & Welfare Committee

HCR 19 Unemployment-Disabled Persons

Sixty percent of Idahoans with disabilities between sixteen and sixty-four years of age are unemployed. This alarming statistic represents approximately 150,000 of Idaho’s citizens. A committee was to be formed to undertake and complete a study of the excessive unemployment rate among persons with disabilities.

Outcome: Failed: Passed House, held in Senate State Affairs Committee Outcome: Failed: Passed House, held in Senate State Affairs Committee

HB 2 Medicaid-Transportation

The 2000 Legislature enacted SB 1530, which limited to five the number of persons in one vehicle for whom non-commercial transportation providers can be paid by the Medicaid program. This legislation extends the sunset clause to June 30, 2002 and clarifies conditions that constitute a violation of the limitation.

Outcome: PassedOutcome: Passed

HB 8 Aging Commission-Investigations

This legislation amends the existing Adult Abuse, Neglect, and Exploitation Act to provide clarification of the authority of Adult Protection Services, to disclose names of persons in an investigative report under the duty to notify law enforcement.

Outcome: Passed Outcome: Passed

HB 46 Adult Protection Services Fund

This legislation would have created an emergency fund to pay for the placement of vulnerable adults, with consent, in community-based and facility environments to ensure their health and safety. The fund was to be used only under emergency circumstances.

Outcome: Failed, held in House Appropriations CommitteeOutcome: Failed, held in House Appropriations Committee

SB 1102 Parking-Disabled persons

This legislation would have increased the availability of accessible parking to those who are qualified to use it through increased fines and stiffer penalties for unauthorized users.

New language prohibited parking in an accessible space without the person with a disability exiting or entering the vehicle and increases the fine to $250.

Outcome: Failed, held in Senate Transportation CommitteeOutcome: Failed, held in Senate Transportation Committee

HB 43 Fishing Permits-Nursing Homes

This legislation allows an Idaho nursing home facility to purchase a fishing permit. This permit will allow nursing home facility personnel to take those people fishing who cannot fish by themselves.

Outcome: PassedOutcome: Passed

SB 1077a Driver’s License

People with disabilities may have a notation imprinted on their Driver’s License or identification card to indicate that they have a disability.

Outcome: Passed with amendmentsOutcome: Passed with amendments

 

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