|
|
SILC Post-Legislative UpdateIssue 3, April 2, 2002Another legislative session has come to an end. We hope these legislative updates have been helpful to inform you about
laws that affect citizens in this great state of Idaho. The State Independent
Living Council (SILC) and other advocates have worked very hard for the last
four years on legislation to remove discrimination from child custody laws. It is with great joy that 2002 was the year our senators and
representatives heard our needs and passed these two pieces of legislation into
law! There is still one more piece we need to work on and present in next
year’s legislative session. Thanks to all of you who responded to these
updates by contacting your representatives to voice your opinions. HB 577 – Child CustodyThe SILC
and the Committee for FAMILY have worked on this bill for the last four years.
This bill will change Idaho child custody laws, which, as currently
written, reflect the historical bias against parents with disabilities and
presents an unrealistic view of parents with disabilities by their constant
referral to having a disability as a factor in a parent’s ability to raise
their children. Such references imply that parents with disabilities are
incapable of properly caring for their children. Many parents with significant
disabilities provide excellent care and stable homes for their children with the
assistance of family, friends and neighbors. This legislation removes
discrimination from divorce and separation law 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. This legislation also creates an evaluation system that
takes into consideration the use of adaptive equipment and supportive services. OUTCOME—SIGNED
INTO LAW! HB 579a – Child CustodyThis bill,
which has also been worked on by the SILC and the Committee for FAMILY for four
years, is a companion bill to HB 577.
This legislation removes discrimination in the same manner as HB 577 from
adoption, termination of parental rights, and guardianship laws dealing with
child custody. OUTCOME—SIGNED
INTO LAW! HB 398 – Inmates EducationThis
legislation revises eligibility requirements for special education services
provided to adult correctional facility inmates who are between 18 and 21. OUTCOME-SIGNED
INTO LAW HB 442 – Revenue and TaxationThis
legislation makes technical amendments to several sections of the income tax
code, including a section dealing with the payment for dependents 65 years of
age or older, or a person with a developmental disability. New language changes eligibility for tax credits for
households supporting a person with a developmental disability by eliminating
the age requirement regarding when such developmental disability appeared. OUTCOME-SIGNED
INTO LAW HB 450 – VR AppropriationThis is a
fiscal year 2002 supplemental appropriation for the Division of Vocational
Rehabilitation. The bill authorizes spending authority for monies received under
contract with the Departments of Health and Welfare and Juvenile Corrections to
provide rehabilitation services to juveniles eligible for independent living
services. OUTCOME-SIGNED
INTO LAW HB 531 – TelecommunicationsThis
legislation would have authorized the Telecommunications Relay Services Fund to
be used for the procurement, financing and distribution of specialized
telecommunications equipment through the Department of Health and Welfare.
The State Independent Living Council would have been one of several
agencies to assist in developing the program guidelines. HELD
IN HOUSE STATE AFFAIRS HB 557 – Developmental DisabilityThe
purpose of this legislation is to bring Title 67, Chapter 67, Idaho Code, into
compliance with recently authorized federal law. This federal act authorizes
Developmental Disability Councils and their activities. This legislation also
updates the language regarding developmental disabilities to be consistent with
current practice and terminology. OUTCOME-SIGNED
INTO LAW HB 578 – Mentally IllThis
legislation would have provided for a temporary involuntary commitment of
persons with mental illness for proper evaluation if there had been a reason to
believe they could cause harm to themselves or others. This legislation also
would have repealed the section of Idaho Code that prohibits putting someone in
jail for no other reason than having a mental illness. HELD
IN HOUSE HEALTH & WELFARE HB 586a – AccessibilityThis
legislation, which entails a complete review and revision of the Idaho Building
Code Act, focuses on meeting ADA and Fair Housing accessibility requirements.
It also clarifies the roles of the Division of Building Safety and local
governments relative to the adoption and implementation of the 2000
International Building Code. OUTCOME-SIGNED
INTO LAW HB 595 – Gravely DisabledThe
purpose of this legislation is to clarify the definition of “gravely
disabled” in the code and to make technical corrections. OUTCOME-SIGNED
INTO LAW HB 613 – Democracy FundThis
legislation will establish a Democracy Fund for the purpose of improving
Idaho’s election systems by, among other things,
“assuring access for voters with physical disabilities.” OUTCOME-SIGNED
INTO LAW HB 615 – License PlatesThe purpose of this legislation was to add language that would have given a Christian Science practitioner authorization to certify eligibility for accessible parking permits. HELD
IN HOUSE TRANSPORTATION HB 618 – School DistrictsThis
legislation would have authorized the State Board of Education to establish
pre-litigation screening panels involving lawsuits brought against a local
school board of trustees for the purpose of discouraging frivolous lawsuits and
encouraging settlement of legal disputes. In addition, the legislation would
have provided that if the pre-litigation panel finds that a claim brought
against the school board is frivolous, and a court rules in favor of the school
board, then the claimant and anyone who funds or financially supports the
claimant must pay the attorney fees of the school board. Potentially this would
cost parents seeking relief under Individuals with Disabilities Education Act
(IDEA) against a school district and would make it very difficult to prosecute
any actions to enforce ADA or §504 claims, even as a cause of action tied to an
IDEA action. HELD
IN HOUSE EDUCATION HB 629 – Death PenaltyThe laws
that permit the death penalty require that punishment by death be reserved for
the select few individuals who are the most culpable and the most deserving of
such ultimate and irreversible punishment. Because of the diminished mental
capacity and impaired reasoning caused by mental retardation, people with mental
retardation can never fully be in the class of "most culpable" and
therefore deserving of the death penalty. This bill would have prohibited
imposition or execution of the death penalty upon any person who has been
determined to have mental retardation. HELD
IN HOUSE JUDICIARY, RULES & ADMINISTRATION
HB 641 – Residential Care FacilitiesThis bill
would have exempted certified family homes where only private-pay clients reside
from safety inspections and regulations of the Bureau of Facility Standards. HELD IN HOUSE HEALTH & WELFARE
HB 740 – ICF/MR Health & Welfare AppropriationThis
legislation deals with the appropriation of moneys to the Dept. of Health &
Welfare for fiscal year 2002; amending Section 4, Chapter 368, laws of 2001, to
strike reference to special rates for private intermediate care facilities for
the mentally retarded; declaring an emergency and providing retroactive
application. OUTCOME-SIGNED
INTO LAW HCR 51 – Medicaid CostsThis
resolution would have authorized the Legislative Council to appoint an interim
committee to undertake and complete a study of Medicaid savings to be achieved
through privatizing portions of Idaho’s Medicaid program. HELD
IN HOUSE BUSINESS HCR 56 – Blind/visually Impaired TechnologyThis
resolution will amend Chapter 54, Title 67 of the Idaho Code by the addition of
several new sections. Section 508
of the Rehabilitation Act of 1998, as amended, requires federal agencies and
departments to ensure that their electronic and information technology is
accessible to individuals with disabilities.
However, non-visual access has been substandard in deploying information
technology. This resolution urges
state agencies to take action to ensure that people who are blind and visually
impaired have access to information technology.
ADOPTED HJM 016 – Education IDEAThe
purpose of this joint memorial is to urge the U.S. Congress to honor the
financial commitment made in 1975 when they passed the Individuals with
Disabilities Education Act (IDEA). The federal government made a commitment to
pay 40 percent of the cost for children with special educational needs. Over the
years, the federal appropriations have ranged from seven percent to 15 percent
of the total cost of the program. ADOPTED SB 1313 – Guardianship ProceedingsThere are
many people who are all necessary parts of protective proceedings. The existing
language is unclear as to exactly how such persons should be compensated for
services and expenses. This bill provides clarity as to what expenses and
services should be compensated and further clarifies that such services and
expenses may be incurred prior to the actual appointment, if reasonably related
to the proceedings. The bill also clarifies payment of attorney fees and costs.
OUTCOME-SIGNED
INTO LAW SB 1315 – Disabled Persons VisitorsIn a
guardianship or conservatorship proceeding, the interests of the person alleged
to be incapacitated are protected by the appointment of three different persons:
(1) a physician who renders a medical opinion to the court; (2) a guardian ad
litem who acts somewhat as an attorney for the person alleged to be
incapacitated, although having additional duties and responsibilities; and, (3)
a court visitor, who is an impartial expert who does extensive investigation of
the circumstances and condition of the person alleged to be incapacitated and
renders a written opinion to the court. This legislation makes it clear that the
visitor and the guardian ad litem must be two different persons and must be
independent, at least to the extent of not being members or employees of the
same entity, such as a law firm.
OUTCOME-SIGNED
INTO LAW
SB 1318 – Children’s Therapeutic ProgramsThis
change will allow for the Department of Health & Welfare to develop
standards and license therapeutic outdoor programs for children. OUTCOME-SIGNED
INTO LAW SB 1319 – Trauma RegistryA trauma
registry is a population based data system that provides ongoing and systematic
collection, analysis, interpretation, and dissemination of information related
to injury for system improvement, prevention, and research activities. Registry
data will be used for such things as, improving the medical outcomes for trauma
patients, providing state and local data to target prevention, education, and
engineering programs, identifying, sharing, and using knowledge and best
practices to improve processes. OUTCOME-SIGNED INTO LAW SB 1320a – Accessible ParkingThe
purpose of this legislation was to increase the availability of designated
accessible parking places for those who are qualified to use them. This legislation would have amended existing law to provide
clarification of the requirements governing parking spaces to be designated for
persons with disabilities and to provide increased penalties for violations. OUTCOME-FAILED ON SENATE FLOOR SB 1328 – Prescription DrugsThe
purpose of this legislation was to improve care to patients by minimizing
confusion, eliminating unnecessary paperwork, decreasing administrative burdens
and expense, and streamlining the dispensing of prescription drugs paid for by
third party payors. HELD
IN SENATE HEALTH & WELFARE SB 1336a – Medical AssistanceThis
legislation attempts to plug a loophole in federal Medicaid law that allows a
wealthy married individual to become eligible for Medicaid nursing home benefits
by transferring assets to his or her spouse. This legislation would subject the
applicant to penalties unless they can demonstrate by clear and convincing
evidence that the transfer was intended for another purpose.
OUTCOME-SIGNED
INTO LAW |