SILC Legislative Update

Post-Legislative Edition
March 22, 1999 - Issue 2

HCR 1 -- ISSH New Construction

Outcome: Failed

HCR 1 is a request for $12.5 million to fund construction of a new 75 bed living facility at the Idaho State School and Hospital (ISSH). This new structure would replace two existing buildings currently housing a majority of ISSH residents which are, according to a recently commissioned architectural study, "functionally obsolete." While further study of the issue is warranted, this effort is contrary to the trend toward better meeting the needs of people with disabilities through community-based services. Similarly, a way to better meet the needs of ISSH residents may be to establish smaller multiple facilities nearer their homes in locations throughout the state. This bill received a hearing in the Joint Finance and Appropriations Committee, but was not voted on and was therefore held in Committee and considered dead for the session.

SCR 117-- ISSH Future Use

Outcome: Adopted

SCR 117 creates a legislative interim committee to study, plan for, and recommend actions regarding the future use of ISSH, the state's role in developing resources and strategies to expand home- and community-based services (HCBS), and the determination of options for eliminating the waiting list for HCBS. The resolution was adopted by the Senate with a vote of 26-4, and by the House vote of 64-0.

SB 1096--Disability Placard Fee

Outcome: Passed

SB 1096 eliminates the $5 fee currently charged for issuance of disability placards or plates for vehicles. In several other states, the fee has been successfully challenged as a form of discrimination under the Americans with Disabilities Act (ADA). Therefore, eliminating the fee removes any question of discrimination and potential for litigation. The bill passed the Senate with a vote of 30-0, and the House with a vote of 53-5.

SB 1122AA -- Vehicle Fueling Assistance

Outcome: Passed

SB 1122AA provides people with disabilities with assistance, at no additional cost, to pump gas at stations which offer self-service fueling only, provided that the driver's vehicle displays the appropriate disability plate or placard, no able-bodied adult is accompanying the driver, and there is more than one employee on duty. Currently, only full-service stations are required to provide assistance for people with disabilities by providing full-service treatment at the self-service cost. Given the decline in the number of gas stations offering full-service fueling, the addition of assistance at self-service stations will be extremely beneficial. The bill passed the Senate with a vote of 25-6, and the House, 48-20.

SB 1131 -- Textbooks, Electronic Format

Outcome: Passed

SB 1131 directs the State Board of Education to require all approved textbooks be available from the manufacturer in electronic format (on diskette), from which alternative format copies may be produced for students who are blind or visually impaired. The bill received unanimous approval in the Senate and House.

SB 1152 -- Fish and Game License Fee

Outcome: Failed

SB 1152 allows war veterans who have a certified disability rated at forty percent or above as a result of a service-connected injury, and who have resided in Idaho for one year, to fish, hunt and trap without requiring them to obtain the corresponding Fish and Game license. The Senate voted 27-0 to pass the bill; however, it did not get a hearing in the House Resources & Conservation Committee. Therefore, it is considered dead for the session.

SB 1211 -- Parking Accessibility

Outcome: Failed

SB 1211 increases access to designated disability parking spaces by limiting use of such spaces. Specifically, this legislation increases accessibility to parking spaces by (1) requiring that people with disabilities who use such spaces must enter or exit their vehicles, (2) increasing the fine for people illegally using such spaces from $50 to $250, and (3) providing for the appointment of a corps of volunteers for purposes of enforcement. The SILC recommended that the legislation be amended to remove the section that imposed fines for people with disabilities who abuse parking privileges. The Transportation Committee and full Senate approved the amended bill; however, the bill died on the Senate floor with a vote of 13-20.

SB 1251 -- ICBVI Appropriation

Outcome: Passed

SB 1251 appropriates $3,531,900 to the Office of the Governor for the Commission for the Blind and Visually Impaired. The bill passed both the Senate and House unanimously.

SB 1258 -- Vocational Rehabilitation Appropriation

Outcome: Passed

SB 1258 outlines the FY 2000 appropriation for the Idaho Division of Vocational Rehabilitation, with a total appropriation of $15,643, 400. Of that, $285,300 was designated for the State Independent Living Council, which includes $50,000 to fund a satellite center for independent living. This legislation passed the Senate and House unanimously.

SB 1265 -- Health & Welfare Medical Assistance Appropriation

Outcome: Passed

SB 1265 is the appropriations bill for the Department of Health and Welfare's Medical Assistance program, better known as Medicaid. The appropriation was for a total of $550,246,900. The bill included intent language which directs the Dept. of H&W to provide services to those people with developmental disabilities who are on a waiting list for HCBS. It also directs H&W to utilize HCBS services first, before considering placement in an Intermediate Care Facility/Mentally Retarded (ICF/MR) setting. The Senate voted 34-0, the House 54-2 to pass the bill.

SCR 110 -- HCBS/Elderly & Physically Disabled Waiver

Outcome: Adopted

Senate Concurrent Resolution No. 110 authorizes the Department of Health and Welfare to move forward with the Governor's Medicaid Reform Initiative to field test an expanded HCBS waiver for the elderly and physically disabled and to adopt temporary rules to carry out this resolution. This expanded waiver provides 15 services including attendant care, personal care services, assistive devices, chore services, etc. The Resolution was adopted by a voice vote.

SCR 118 -- HCBS/DD Waiver Funding

Outcome: Failed

This resolution directed the Department of Health and Welfare to cease denying services to people who qualify for the Home- and Community-based Services Waiver for adults with developmental disabilities. Currently, 320 people are on the waiting list for these services. With the passage of the intent language in SB 1265, directing the department to provide those services, this legislation was no longer necessary and was held in committee at the sponsor's request.

HB 14 -- Long-term Care Insurance Act

Outcome: Passed

This legislation repeals the existing Chapter 46, Title 41, Idaho Code, and replaces it with a new Chapter 46, setting forth requirements for long-term care insurance issued in Idaho. The new act is based on model legislation developed by the National Association of Insurance Commissioners. The bill garnered unanimous approval in both bodies.

HB 48 -- Vocational Rehabilitation Act

Outcome: Passed

This legislation amends state law to accept the changes that were made to the federal act regarding vocational rehabilitation services that assist people with disabilities in obtaining or maintaining employment. The Act passed with unanimous approval in both the House and the Senate.

HB 76a -- Appointment of Guardians for Minors

Outcome: Passed with Amendments

HB 76a clarifies criteria surrounding the appointment of guardians for minors. Although the intent of this legislation is of merit, the wording of the original bill was extremely poor and included language which implied that parents with disabilities are incapable of providing stable home environments for their children. As initially written, HB 76 had the potential to damage the rights of parents with disabilities in Idaho with regard to child custody matters. The SILC and disability advocates recommended that the legislation be amended to eliminate the disability language on lines 16 and 17 of the bill, which resulted in HB 76a. The bill passed the House 67-1 and the Senate 32-0.

HB 156 -- Parking Time Limits

Outcome: Failed

HB 156 required that people with disabilities displaying disability plates or placards observe parking time limits when city ordinances specify time limits of forty-eight or more hours for vehicles parked in particular areas/zones. Currently, parking privileges extended to people with disabilities displaying disability plates or placards do not require observance of any such time limits. HB 156 passed the House by a vote of 58-8, but it died on the Senate floor on a vote of 9-25.

HB 166 -- Appointments of Guardians for Incapacitated People

Outcome: Passed

HB 166 amends existing law to provide, in the procedures governing guardianship, additional protection to persons who are alleged to be in need of a guardian. The intent is to provide greater protection for the rights of people who are in the process of having guardians appointed for them by making the least restrictive form of guardianship available. The measure passed the House, 58-3, and the Senate, 30-0.

HB 212 -- Health Benefit Plans

Outcome: Failed

This bill would have allowed health insurance companies to charge groups with expensive claims histories up to 50% above the rate index; current law only allows a 25% deviation. If passed, it would have allowed rates to go up for people who employ people with disabilties, ensuring that employers would be more reluctant to hire people with disabilities or parents of people with disabilities. HB 212 went through the House H&W Committee without opposition. Fortunately, due to advocacy efforts, the bill died on the House floor, 29-40.

HB 253 -- Vulnerable Adults

Outcome: Failed

HB 253 would have amended existing law to provide an exemption for facilities from the duty to report an instance of abuse, neglect or exploitation of a vulnerable adult. The bill would have exempted facilities from reporting incidents of resident-to-resident contact except in those cases involving death or serious physical injury that jeopardizes the life, health, or safety of a vulnerable adult. This bill was held in committee; therefore, it was considered dead for the session.

HB 254 -- Medical Assistance/Communication Devices

Outcome: Passed

Medicaid currently pays for augmentative communication devices for all children and for those covered by the Home-and Community-based Services Waiver, but leaves out the remaining Medicaid eligible population. HB 254 adds assistive and augmentative communication devices as an element of medical assistance provided through Medicaid. The bill passed the House and Senate with unanimous approval.

HB 299 -- Guardian Consent/Medical Treatment

Outcome: Passed

This bill amends existing law to provide conditions when a guardian may NOT refuse or withhold consent for medically necessary treatment and to clarify when a guardian may consent to withold or withdraw artificial life-sustaining procedures. It also defines a reporting and investigating structure if a person brings information that medically necessary treatment has been withheld or withdrawn from a person with a developmental disability, and the ability to seek a court order to ensure that medically necessary treatment is provided. The bill passed the House 58-3 and the Senate 34-0.