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SILC 1998 Post Legislative Update
March 27, 1998

bulletHB 597, Guardian/Conservator Authority (failed): HB 597 amends Idaho statute governing the treatment and care of people with developmental disabilities. It would have given guardians and conservators the authority to make end-of-life decisions, including "do not resuscitate," without the patient’s consent. This bill would have bypassed judiciary review. The bill was not given a hearing in the House Health and Welfare Committee; therefore, it was considered dead for the session.
bulletHB 598, Personal Care Services (passed): This legislation reinstates the use of independent providers in the PCS program. It deletes the requirement that all providers become independent contractors. This will allow time for the Department of Health and Welfare to develop comprehensive Home and Community Based Services Waivers and initiate broad legislative reform. The bill passed unopposed in both committees and received a 69-0 vote in favor of passage on the House floor, a vote of 31-0 on the Senate floor, and was signed by the Governor.
bulletHB 599a, Skilled Nursing Facility Definition (passed): This bill changes the definition of a skilled nursing facility and intermediate care facility (nursing home) by changing the minimum number of individuals requiring care from two to three. This will allow people who desire to room with another individual who is a PCS recipient to do so. The original bill was amended to give the Department of Health and Welfare the authority to grant waivers to allow two people to remain in the same PCS home. The bill passed both committees unanimously and received a 70-0 vote in favor of passage on the House floor and a 34-0 vote in the Senate. Governor Batt has signed the bill into law.
bulletHB 609, Insurance Parity/Mental Illness (failed): This legislation defined "biologically-based mental illness" and "mental health professional" in order to provide for insurance benefit equality for people with mental illness. The bill died in the House Business Committee by a 3-9 vote.
bulletHB 617, Assistive Technology Warranty Act or Lemon Law (passed): This legislation makes corrections to the list of assistive technologies exempted from coverage under the law. It deletes language that excludes as an assistive device items "typically sold on a nonprescription basis including, but not limited to, upper and lower extremity prosthetics and related orthotics." This bill passed both committees unopposed, passed the House and Senate unanimously, and was signed by the Governor.
bulletHB 642, Tax Credit for Center for Independent Living Donations (passed): This legislation will expand independent living opportunities offered by Idaho’s centers for independent living (CILs) by providing a tax credit to individuals who make donations to the CILs. It is hoped that this will create an incentive for people to donate, which will increase the revenue available to CILs. This legislation passed through both committees unopposed, passed the House and Senate unanimously, and was signed by the Governor.
bulletHB 646, Public Transportation Fund (failed): This bill would have established a public transportation fund and provided for appropriation and allocation of monies from the fund. It was to add a surcharge of $2.50 to the motor vehicle certificate of title to create the fund, to be used to create diverse public transportation options. This bill passed out of the House Transportation and Defense Committee, but died on the House floor on a vote of 30-38.
bulletHB 706, ICF/MR (failed): This bill, which would have changed the definition of neglect to gross neglect as it pertains to intermediate care facilities for the mentally retarded, was pulled by its sponsor and was consequently held in the House Health and Welfare Committee.
bulletHB 721, Adult Protection Legislation (passed): Under current law, an ombudsman is the only authority requiring notification when a nursing home patient suffers a physical injury or sexual assault. This legislation will mandate that the private facility file incident reports with law enforcement authorities within four hours, or face severe penalties. The bill passed the House and Senate unanimously and was signed by the Governor.
bulletHB 795, Health and Welfare Appropriation (passed): This bill’s attached intent language authorizes the Department of Health and Welfare to lift the cap on the HCBS Waiver for adults with developmental disabilities. The bill also provides funding for the Children’s Health Insurance Program (CHIPs). The bill passed the House with a vote of 68-0, the Senate 31-1, and was signed by the Governor.
bulletSB 1292, Special Education/IDEA Compliance (passed): This bill allows an exception for adult correctional facilities and specifies that 18-21 year-old inmates are not entitled to special education and related services, unless they were eligible for and received special education prior to incarceration. The bill passed both houses unanimously and was signed by the Governor.
bulletSB 1293, IDEA Compliance - Rights of Students with Disabilities (passed): This amendment allows an exemption for students with disabilities to be afforded special-education rights (such as consent for evaluations) upon reaching the age of majority (18 in Idaho). This will empower students with disabilities to make their own decisions in educational matters. This bill passed both houses unanimously and was signed by the Governor.
bulletSB 1315, Mental Health Commitments (passed): This bill addresses the length of time required for mental health commitments. Currently, mandatory commitments are for a period of three years, although most states’ statutes limit commitments to a shorter period of time. The proposed change would reduce the commitment time to one year. The bill passed both houses unanimously and was signed by the Governor.
bulletSB 1316, Detention of "Gravely Disabled" (passed): This change in statute will allow for law enforcement to pick up, transport and hold an individual who appears to be gravely disabled (which is defined as someone unable to care for themselves due to mental illness or ingestion of substances) until an initial assessment is completed. Currently, law enforcement is only able to detain people against their will if they are a danger to themselves or others. This change will allow law enforcement to detain someone against their will, simply because they are unable to care for themselves. The SILC, along with other disability advocates, drafted an amendment to protect other people with disabilities from falling under the purview of the Act. This bill passed the Senate 35-0, the House 60-0, and was signed by the Governor.
bulletSB 1358, Mental Health Declarations (passed): Mental Health Declarations are a mechanism for persons with mental illness who are competent to outline the type of services that they receive, for the times when they may not be competent to express such directions. This provision would empower people with mental illness to direct their own care. The bill passed the Senate with a vote of 33-0, passed the House 64-1, and was signed by the Governor.
bulletSB 1377, Outpatient Commitment/Mental Health (passed): Outpatient commitment will be a new concept in the Idaho mental health commitment process. It will allow for a person who met criteria for commitment to be allowed to remain in the community under certain conditions of treatment and services. A court order will direct a person who is mentally ill to comply with specified treatment requirements that are reasonably designed to alleviate or reduce the person’s illness or disability, or to maintain or prevent deterioration of the person’s mental or emotional functioning. The requirement may include, but need not be limited to, taking prescribed medication, reporting to a facility to permit monitoring of the person’s condition, or participating in individual or group therapy or in educational or vocational programs. Outpatient commitment may be up to one year. If the person does not or cannot comply, the individual may go back before the court for consideration of inpatient commitment provisions. This bill passed the Senate with a vote of 31-2, was unopposed on the House floor, and was signed by the Governor.
bulletSB 1466, "Golf Cart" Legislation (passed): This legislation will make changes to the Motor Vehicle Code as written to exempt from licensing requirements three-wheeled bicycles, scooters, golf carts, lawn mowers, etc., which are used by people with disabilities to access their community. People with disabilities using these devices have been ticketed in the past for not licensing the above described vehicles. This bill passed the Senate 35-0, the House 61-0, and was signed by the Governor.
bulletSB 1500 (HB 603), Hunting Licenses for PWD and Seniors (passed): These two companion bills amend existing law by requiring people with disabilities and seniors to pay for hunting and/or fishing licenses. Per amendment, tags will be free and licenses will cost $2 for a fishing license, $1 for a hunting license, or $3 for both. It also changes the requirement for proof of disability from a simple doctor’s statement to being a social security recipient. SB 1500 passed with amendments 20-13 on the Senate floor, and the companion bill, HB 603, passed the House with a vote of 68-0. SB 1500 was signed by the Governor; HB 603 was deemed unnecessary and was held in committee.
bulletSB 1559, Vocational Rehabilitation Appropriation (passed): This bill appropriated $15,297,500 to fund services provided by IDVR, which includes funding for the State Independent Living Council and Epilepsy services. An additional $100,000 was also designated for technology. It passed the Senate and House unanimously and was signed by the Governor.
bulletSB 1562, Idaho Commission for the Blind and Visually Impaired Appropriation (passed): This bill appropriated $3,439,700 to fund services provided by the Commission for the Blind and Visually Impaired and includes an additional $10,000 in general funds for the SILC. It passed unanimously in both the Senate and House and was signed by the Governor.
bulletSJR 105, Person Under Guardianship (passed): This Senate Joint Resolution proposes an amendment to the Constitution of the State of Idaho to delete the prohibition of a person under guardianship from voting, serving as a juror or holding any civil office. This bill passed the Senate 32-2, the House 56-9, and has been adopted. The issue will now show up on the November ballot for approval by Idaho voters.

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