1. Support the Implementation of Community First or the Olmstead Implementation Act of 2006

2. Support improvements and initiatives as they relate to accessible transportation

3. Support improvements and initiatives in affordable, accessible housing for all people with disabilities statewide

4. Support employment initiatives such as Illinois workNet

5. Educate and inform our members statewide on changes in Medicare Part D as it affects people with disabilities

MINIMUM WAGE INCREASE PASSES
SB 1268 passed both houses and will be sent to the Governor. The bill increases the State minimum wage to $7.50/hour effective July 1, 2007, and requires an increase to $7.75/hour on July 1, 2008, $8.00/hour on July 1,2009 and $8.25/hour on 2010. This bill does not tie the minimum wage increases to the Consumer Price Index. This legislation also permits an employer to pay a new employee not less than 50 cents/hour below the minimum wage for the first 90 consecutive days of employment after the employee is hired.

EFFORTS TO FREEZE ELECTRIC RATES CONTINUE
The Illinois Senate passed a bill during the veto session that would allow Commonwealth Edison and Ameren to phase in a rate increase over 3 years. Under the bill, Com Ed's phase in would be 7% increase in each of the first 2 years and 8% the 3rd year. Ameren's increase would be 14% in each of the next 3 years. The bill, HB 2197, has not been called in the House.

Meanwhile, a bill that would freeze electric rates for the next 3 years fell short of the supermajority of 71 votes needed for passage in the House.

This issue will very likely be on the agenda when the 94th General Assembly finishes its work on January 7, 8, 9 and 10, 2007. Note that beginning January 1, 2007, bill passage requires only a simple majority of members in each house.

SPECIAL EDUCATION BILLS GO TO THE GOVERNOR
SB 2796 (del Valle), a bill to amend the School Code regarding special education due process hearings, passed the Senate during the veto session and will go to the Governor for consideration. The bill incorporates provisions to align the School Code with the Individuals with Disabilities Educational Improvement Act of 2004 (IDEIA 2004).

In addition to the alignment with IDEIA 2004, the bill retains the State's current 120 day statute of limitations for filing a civil action for judicial review of a due process hearing decision, retains the 60 school day evaluation timeline but folds the development of the IEP into that timeframe, states a preference that hearings take no longer than 7 days and that hearings should be completed within 30 days from start to finish, both subject to good cause exceptions and the sound discretion of the hearing officer, and adds language not required by IDEIA 2004 regarding amendments to the due process hearing request.

Another special education bill, SB 2762 (Hunter), which modifies School Code language that was added in 2005 regarding excusal from physical education, also passed the Senate and will go to the Governor. SB 2762 provides that a child in grades 3 through 12 (current law applies only to high school students) may be removed from PE if necessary to receive special education supports and services. The bill urges school districts to reach agreement with the child's parent regarding removal from PE. Further, it provides that if agreement cannot be reached with the parent, the child's IEP team must determine whether removal from PE is necessary in order for the child to receive special education supports and services. Finally, it states that any agreement or IEP determination regarding removal from PE must be memorialized in the child's IEP.

SPRING 2007 SESSION CALENDAR
The Spring 2007 session calendar is now available online at www.ilga.gov. Click on "schedules" under either the House or the Senate menu. The calendar is in PDF format, so Adobe Reader is needed to download the calendar. You must download each month separately. An overview is provided below.

As you read the calendar, you will note a number of deadlines. These are established in order to make the process run as smoothly as possible. Bill introduction deadlines mean that bills must be introduced by the deadline dates in order to be considered. Committee deadlines mean a bill has to be approved by a committee and sent to the full chamber for consideration by that deadline date or else it no longer is considered a "live" bill. The "LRB" that is mentioned in the calendar is the Legislative Reference Bureau. This is the office of the legislature that drafts all bills, resolutions and amendments for legislators.

The month of January is relatively light except for the week of January 8. Things start to get very busy in February, although there is a rumor that the House may cancel a lot of its scheduled dates in February if renovations now underway in the Capitol are not completed.

There is a break for Easter and Passover from April 1-16. However, March, April and May will otherwise by very busy months. The scheduled adjournment date is May 31. Both houses are scheduled to be in session during the entire Memorial Day holiday weekend.

109th CONGRESS ADJOURNS

No Additional Appropriations Bills Passed
The 109th Congress adjourned early on Saturday, December 9, 2006, without passing any additional appropriations bills for the fiscal year that began on October 1, 2006. Congress passed a Continuing Resolution that funds federal programs through February 15, 2007. Under the CR, most disability programs will be funded at FY 2006 levels. As a result of this inaction, the new 110th Congress, under new Democratic leadership, will have to tackle both the FY 2007 budget and the FY 2008 budget.

Work Opportunity Tax Credit Extended for 2 Years
Both houses passed an extension of the Work Opportunity Tax Credit (WOTC) for two years retroactive to December 31, 2005, when it expired. The WOTC gives employers a tax credit when they hire certain population groups targeted by the law, including persons with disabilities. These provisions are part of a larger tax and trade bill, H.R. 611.

Lifespan Respite Care Act Passes
H.R. 3248 authorizes $289 million through FY 2011 for grants to states to work in collaboration with non-profit groups to develop lifespan respite care at the state and local level, provide respite care services for family caregivers, recruit and train respite workers and volunteers, provide public information about respite care and assist caregivers in accessing respite services.

SCHIP Shortfalls Temporarily Deferred
Prior to adjournment Congress passed a measure that would allow for the redistribution of unspent FY 2004 and 2005 funds for the State Children's Health Insurance Program to defer shortfalls in state programs until May 2007. The funds will be distributed to states that are expected to run out of SCHIP funds in 2007. Illinois is one of the states that would have been hardest hit if the redistribution had not been approved. The new Congress will have to take further action to prevent future funding shortfalls in a large number of states, including Illinois. Illinois' program is now called "Covering All Kids". It was formerly known as "Kid Care". SCHIP provides a $2 to $1 federal match.

Combating Autism Act of 2006
S.843 authorizes additional funding for research, coordination, education, early detection and intervention, in regard to autism spectrum disorders and other developmental disabilities. It passed both houses and will go to the President for consideration.

By Phil Milsk, CCDI Governmental Affairs Consultant

When Congress reconvenes after the November 7 mid-term election, it must complete work on the budget for Fiscal Year 2007 which began on October 1, 2006. Ten out of twelve appropriations bills, including health and human services, labor, education, housing and veterans' affair have yet to be finalized. Only the Defense and Homeland Security funding measures have been approved thus far. Programs are currently funded through a Continuing Resolution, which funds programs at the lowest level passed by either the House or Senate this year until a funding level is approved and signed into law.

Domestic appropriated programs (non-entitlement) have been cut $12 billion in the past 2 years. This includes services and assistance for children, persons with disabilities, older adults, low-income families and incarcerated individuals.

Legislation currently under consideration would further cut these services. For example, both the House and Senate have recommended cutting the Social Services Block Grant by 26% in FY 2007, adjusted for inflation. (The President had recommended a 30% cut in the SSBG.) The SSBG is used by states to fund child abuse prevention, adoption assistance, foster care, children protection services, housing assistance, services for older adults, and other vital social services. Federal SSBG funding was $2.9 billion in 1979 and is currently $1.7 billion.

Proposed cuts in the Child Care and Development Block Grant, which supports 84,000 children in day care programs in Illinois so that their parents can work, would be cut by 2%, resulting in the loss of 11,208 day care slots across the country.

The Community Services Block Grant, which mainly funds community action agencies for the purpose of providing a wide range of anti-poverty services, would be cut as much as 30% under the House proposal. The Senate so far is holding the line at "only" a 2% reduction.

Complicating matters further is the fact that Congress earlier this year passed a "deeming resolution" requiring that overall spending for FY 2007 not exceed the total of the President's proposed budget. In addition, in September Congress shifted $5.3 billion that had been targeted by Senate appropriators for domestic programs over to the defense and homeland security appropriations bills. This means that, unless the "deeming resolution" is repealed or ignored, another $5.3 billion in domestic program cuts will have to be made on top of the cuts already under consideration. This can be accomplished by a 1.1% across-the-board reduction or targeted cuts.

Supporters of a strong social services safety net should be deeply concerned that important human needs programs are being squeezed to death under the pretext of "fiscal responsibility". Members of Congress need to hear loud and clear that cuts in domestic human services programs are not acceptable.

CONGRESSIONAL LEADERS PRESS FOR ESTATE TAX REFORM
Leaders in both houses of Congress are expected to continue their push for either a complete repeal of the federal Estate Tax or a compromise when Congress returns after Labor Day. Before the Senate recessed in August its leadership tried unsuccessfully to tie Estate Tax "reform" to a hike in the federal minimum wage.

Why should persons with disabilities, their families and advocates care about the Estate Tax? Because repeal of the tax or a substantial cut in the amount of revenue generated by the tax will reduce federal revenues by billions over the next several years, resulting in less money for social services, health care, disability services and other vital domestic programs.

OTHER FEDERAL DEVELOPMENTS

New TANF Rules
New interim rules governing the Temporary Assistance for Needy Families program were issued by the Department of Health and Human Services on June 29, 2006. The rules implement the reauthorization of the welfare reform law passed in 1997. The comment deadline was August 28, 2006. The changes include greater restrictions on when a parent taking care of a person with a disability is excused from engaging in work or work-related activities. The new rule says that if the person with a disability is a full-time student, the parent is not exempt from work requirements. This fails to take into consideration how often a parent of a student with a disability must be absent from work in order to attend to the child's medical and educational matters. Hopefully HHS will agree to change this provision when the final rules are published. Also at issue are changes regarding work participation rates that will likely force states to include individuals with emotional and behavioral health issues and other serious impediments to employment into the "work-eligible" category.

Workforce Investment Act
The House has passed a reauthorization of WIA, H.R. 27, by a vote of 224-200. The Senate passed a different version of H.R. 27 by unanimous consent. A conference committee will try to iron out the differences. A controversial provision opposed by disability advocates that would have transferred vocational rehabilitation programs out of the Department of Education and into the Department of Labor was removed from the Senate bill. WIA is the main federal law governing workforce development.

Final IDEIA Rules Published
The U.S. Department of Education published its rules governing the implementation of IDEIA 2004 in the Federal Register on August 14, 2006. The rules take effect on October 13, 2006. Type "Federal Register" into your internet search engine and when the Federal Register home page comes up you can search 2006 issues by date. Click on August 14, 2006, and then look for the Department of Education rulemaking on IDEIA. The entire body of rules, including commentary, is over 300 pages in case you are thinking of printing them out.

By the way, comments on the proposed State Board of Education rules governing special education are due no later than September 13, 2006. These proposed rules incorporate the federal rules extensively. However, there are some significant places where the State Board goes beyond the federal requirements in protecting the rights of parents and children. These include, but are not limited to: (1) retaining the current transition planning age, (2) continuing to require benchmarks or short-term objectives in IEPs and (3) adding a timeline for the domains determination and evaluation process, which has given school districts a huge loophole since 2000 when the current rules were adopted.

SUPREME COURT DENIES PARENTS RECOVERY OF EXPERT WITNESS FEES
On June 26, 2006, the U.S. Supreme Court issued an opinion in Arlington Central School District Board of Education v. Murphy which, by a vote of 6-3, held that IDEA does not authorize the recovery of expert witness fees by parents who are prevailing parties in a due process hearing or a judicial action brought under IDEA. Writing for the 6-member majority, Justice Alito stated that the language of section 1415 of IDEA providing that "in any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys' fees as part of the costs" to a parent who is a prevailing party does not clearly and unambiguously make a State or local educational agency responsible for reimbursing a prevailing parent for services rendered by experts. Justice Alito and the majority of justices refused to go outside the language of the Act to consider legislative history and a footnote to the statute creating the right to recover attorneys fees.

Arlington delivers yet another blow to parents who seek to use due process hearings to secure appropriate educational services for their children. Expert witnesses are typically critical to the success of parents in due process hearings and in judicial proceedings. Unless Congress amends the law, parents now have to bear the financial burden of paying for their own experts without any right to recover those costs, which often run into thousands of dollars.

STATE LEGISLATION INTRODUCED TO IMPLEMENT THE FAMILY OPPORTUNITIES ACT

Last week State Rep. Carolyn Krause (R-Mt. Prospect) introduced HB 5824, which would compel the Department of Healthcare and Family Services to implement the new Family Opportunities Act, which is part of the federal Deficit Reduction Act of 2005. The FOA would allow families whose incomes are now too high to qualify for Medicaid but have children with severe disabilities with high monthly medical and therapy costs to become Medicaid-eligible. There is a possibility that FOA could be implemented by somehow incorporating it into the new All Kids health insurance program that began on July 1, 2006. Discussions with DHFS will be ongoing regarding this legislation and we will keep our readers posted on further developments.

House Bill 4125--Speech/Language Therapy for Treatment of Pervasive Developmental Disorders HB 4125, now Public Act 94-906, amends the Illinois Insurance Code to require group health plans or policies delivered, issued for delivery, renewed or modified after June 23, 2006 (the effective date of the new Act) to provide coverage for 20 additional outpatient visits for speech and language therapy for the treatment of pervasive developmental disorders. This coverage is in addition to the 35 outpatient visits already required to be covered under the Code. Sponsors of the bill were Rep. Mary Flowers(D-Chicago) and Sen. Susan Garrett(D-Highwood).

Senate Bill 2308--Medicaid Spenddown Payment SB 2308, now Public Act 94-847, effective January 1, 2007, requires the Department of Healthcare and Family Services (HFS), by no later than July 1, 2007, to allow persons who must meet a monthly spenddown to qualify for Medicaid to pay the spenddown amount or to have a third party pay the spenddown amount. This is subject to federal approval of a State Medicaid Plan amendment which HFS is required to seek under this new Act. This would allow a Medicaid recipient to opt to pay the spenddown amount each month instead of verifying every month that medical bills in the amount of the spenddown have been incurred. It will prevent delays in eligibility determinations and relieve recipients and DHS local office staff of what is often a significant administrative burden. It will also facilitate dual eligibility determinations for Medicare and Medicaid under the new Medicare Part D prescription drug program. It will be particularly helpful for recipients whose medical expenses do not vary significantly from month to month. Sponsors of SB 2308 were Sen. Terry Link (D-Lake Bluff) and Rep. Kathy Ryg (D-Vernon Hills).

By Phil Milsk, CCDI Governmental Affairs Consultant

The following legislation was considered during the Spring 2006 session of the Illinois General Assembly and may be of interest to CCDI members. Primary sponsors and bill status are provided below. The status of bills that appear to be dead for the remainder of the 94th General Assembly are not mentioned. A bill that passes both houses must be sent to the Governor within 30 days of final passage. The Governor then has 60 days from the date he receives the bill to sign or veto the bill. If the Governor takes no action on a bill by the 60th day the bill automatically becomes law.

BUDGET

SB 1520 (Omnibus Budget Act for FY 2007)
Contains the complete state budget for FY 2007. Includes $32.8 million for DD and MI services within the DHS budget. These funds are not available until at least January 1, 2007. There is nothing specific in the bill about how these funds would be distributed if they are made available. We understand that they are contingent upon the approval by the federal government of the Hospital Assessment program. The budget also includes $1 million for supplemental services to persons who are technology dependent or medically fragile. (See SB 1863 below.)
STATUS: Public Act 94-798.

SPECIAL EDUCATION

SB 2796 (Due Process Hearings)
This is an initiative of the State Board of Education. It is an attempt to incorporate revisions made in the Individuals with Disabilities Educational Improvement Act of 2004, the most recent reauthorization of IDEA, regarding due process hearings and hearing officers. Among other things, the bill states a preference to limit hearings to 7 days and to complete hearings within a 30 day cumulative timeframe, unless good cause is shown.
STATUS: The bill has passed the House and is pending consideration in the Senate on motions to concur with two house amendments. SPONSORS:
Senate: del Valle
House: Giles

SB 2762(Excusal from PE)
This bill amends School Code provisions added in 2005 concerning the excusal of special education students from physical education. The law currently allows a school board to exclude a student in grades 9-12 from PE if he or she "must" utilize the class time for special education services. SB 2762 says that the parents have to agree to the excusal or the student's IEP team must determine that the child must use the time for special education services. It removes the school board from the decision making process. The bill also expands the grade range to 3-12.
STATUS: Pending in the Senate on motions to concur with House amendments.
SPONSORS:
Senate: Hunter
House: Rita

MEDICAID

SB 2308 (Spend-down Payment)
This initiative of Health and Disability Advocates, Inc. allows a person on Medicaid who must meet a monthly spend-down to pay that spend-down amount rather than having to bring medical bills to a DHS office every month for verification that the spend-down has been met. This will allow for uninterrupted eligibility and will primarily benefit persons who are aged, blind or have a disability (AABD). It will also benefit Medicare Part D beneficiaries who qualify as "dual eligibles".
STATUS: Passed both houses and sent to the Governor on April 14, 2006.
SPONSORS:
Senate: Link
House: Ryg


MENTAL HEALTH

HB 4202 (Mental Health Parity Law)
Amends the "mental health parity" provisions of the Insurance Code to require group health plans to cover 60 (now 35) visits for outpatient treatment.
STATUS: Sent to the Governor on April 28, 2006.
SPONSORS:
House: Lang
Senate: E. Jones, Jr.

PERVASIVE DEVELOPMENTAL DISORDERS

HB 4125(Speech Therapy) Amends the Insurance Code to require group health plans to cover an additional 20 outpatient visits per year for treatment of pervasive developmental disorders.
STATUS: Sent to the Governor on April 27, 2006.
SPONSORS:
House: Flowers
Senate: Garrett

DD SERVICES

SB 2254 (Behavioral Supports in Community Residential Programs)
This Arc initiative would require each person with a developmental disability who has significant behavioral challenges and who participates in a Home and Community Based Waiver program to have an individualized behavioral support plan that emphasizes positive behavioral interventions and is based on a functional behavioral assessment. It also prohibits certain types of punitive or aversive behavioral interventions such as electro-shock in such programs. DHS is required to write rules to implement the requirements of the bill. The bill expressly provides that if the bill conflicts with the Mental Health and Developmental Disabilities Code, the latter controls.
STATUS: Signed into law by Governor - Public Act number P.A. 94-812
SPONSORS:
Senate: Sandoval
House: Brosnahan

BEHAVIORAL ANALYSTS IN SCHOOLS

HB 4987 (State Board of Education Reimbursement for Services)
This bill was a collaborative effort of the Arc, Hope School and SIU-Carbondale. It would require the State Board of Education to reimburse school districts for the services a certified behavioral analyst provides to a special education student in accordance with the reimbursement rates used for other professional service personnel. (Behavioral Analysts are certified by a national board after completing rigorous educational requirements. SIU-C offers such a program in its Department of Rehabilitation.)
STATUS: Sent to the Governor on May 3, 2006.
SPONSORS:
House: Brauer
Senate: Bomke

TECHNOLOGY DEPENDENT/MEDICALLY FRAGILE INDIVIDUALS

SB 1863 (FY 2007 Omnibus Budget Implementation Bill for Human Services)
Language was inserted into this legislation at the end of session that creates a "pilot" program to supplement the Medicaid-funded services already available to adults who are technology dependent or medically fragile. The Arc has been advocating without success for a number of years for an adult program to serve children who age out of the Children's Waiver. This 3 year "pilot" is hopefully the beginning of a process that will finally allow families the opportunity to receive sufficient services to allow these individuals to remain in their homes. There is $1 million in the FY 2007 budget, thanks to Rep. Jim Brosnahan, for these services in FY 2007. It is unclear when and how this new program will be administered by the Departments of Human Services and Healthcare and Family Services.
STATUS: Passed both houses on May 4, 2006.
SPONSORS:
Senate: Hunter
House: Currie

SB 2579(Tax Check-off)
Creates a state income tax refund check-off program for the State Supplemental LIHEAP Fund which would allow a taxpayer to donate all or a portion of his or her State Income tax refund to this fund. STATUS: Public Act 94-773, effective May 18, 2006.
SPONSORS:
Senate: Collins
House: M. Smith

ENERGY ASSISTANCE

SB 2030(Supplemental State Funding)
The bill amends the Energy Assistance Act to provide that the State Supplemental Low-Income Energy Assistance Fund is authorized to receive moneys from voluntary donations. It requires the State Comptroller to direct and the State Treasurer to transfer $5,201,055 into the Supplemental Low-Income Energy Assistance Fund immediately when the bill is signed into law, but no later than 5 business days after that date. It further provides that the amount transferred is equivalent to 50% of the average amount of Gas Revenue Tax paid per residential gas utility customer in FY2005 multiplied by the number of residential gas utility customers that received Low Income Home Energy Assistance during the FY2005 winter heating season.
STATUS: Passed both Houses on May 4, 2006.
SPONSORS:
Senate: Raoul
House: Colvin

By Phil Milsk, CCDI Governmental Affairs Consultant

SB 2292-Interpreters for the Deaf and Hard of Hearing

SUMMARY: The bill creates the Interpreter for the Deaf Licensure Act of 2006 to replace the Interpreters for the Deaf Act. It provides for the regulation of interpreters for the deaf and hard of hearing through licensure by the Deaf and Hard of Hearing Commission, establishes the Board of Interpreters and provides for evaluation teams. The bill also amends the State Finance Act to create the Interpreters for the Deaf Fund. It amends the Code of Civil Procedure to add a provision concerning privileged communications involving interpreters for the hearing impaired. Provides that the transfer of rights, powers, and duties of the Deaf and Hard of Hearing Commission under the Interpreters for the Deaf Act to the Commission under the Interpreter for the Deaf Licensure Act of 2006 shall take effect January 1, 2008

STATUS: This bill passed the Senate and is now in the House Rules Committee. Negotiations are scheduled to address objections to the bill expressed by certain organizations. CCDI will be represented in the negotiation meetings.

SPONSORS:
Senate: Demuzio
House: Feigenholtz

SB 2796-Special Education Due Process Hearings

SUMMARY: This is an initiative of the State Board of Education to incorporate provisions of the Individuals with Disabilities Educational Improvement Act of 2004 (IDEIA 2004) into the IL School Code. The bill has passed the Senate, but is stalled in the House due to objections voiced by a number of parent/child advocates. Among the more controversial provisions in the bill are: (1) changing the Statute of Limitations for filing a civil action from 120 days to 90 days, (2) requiring that hearings be completed within 30 days from the date of commencement and that hearings be limited to 5 days unless good cause is shown, (3) there is nothing in the bill to deal with the important issue of allowing hearing requests to be amended (IDEIA 2004 limits the scope of the hearing to issues raised in the hearing request), (4) stating that ISBE "may" rather than "shall" adopt rules governing hearings.

STATUS: The bill has been assigned to the House Executive Committee. It is not scheduled for a hearing this week and Friday March 24, 2006 is the deadline for Senate bills to advance out of House committees.

SPONSORS:
Senate: Del Valle
House: Giles

SB 2762-Excusal from PE for Special Education Students

SUMMARY: The bill amends a provision in the School Code enacted last summer that allows a school board to excuse from PE a special education student in grades 9-12 if the student must use that time to receive special education services and supports. SB 2762 would clarify that the excusal must be recommended by the student's IEP team, and that if the student is supposed to receive adapted PE as part of his or her IEP, the student cannot be denied adapted PE services.

STATUS: The bill has passed the Senate and is assigned to the House Elementary and Secondary Education Committee.

SPONSORS:
Senate: Hunter
House: Rita

HB 5382-Disability Services Act of 2003

SUMMARY: This bill would make various changes to the Disability Services Act of 2003, which requires the State to develop and implement a Disability Services Plan in compliance with the Olmstead decision. There is no agreement on some of the changes proposed in this legislation.

STATUS: The bill passed the House and is now in the Senate Health and Human Services Committee.

SPONSORS:
House: Daniels
Senate: Link

SB 2415/SB 2770/HB 5386-Children's Waiver

SUMMARY: These 3 bills represent different versions of legislation designed to create a new Medicaid Waiver for children with developmental disabilities and/or autism spectrum disorder. The Departments of Human Services and Healthcare and Family Services have made a commitment to develop a Children's Waiver application to submit to the Centers for Medicaid and Medicare Services by next November.

STATUS: SB 2415 and SB 2770 are on 3rd Reading in the Senate with passage deadlines extended to January 7, 2007, the end of the 94th General Assembly. They are being held pending the development of the waiver. HB 5386 has passed the House and is now in the Senate Health and Human Services Committee. It is likely to pass out of Committee and also be held pending the development of the waiver.

SPONSORS:
SB 2415: Cullerton
SB 2770: Pankau
HB 5386:
House: Daniels
Senate: Garrett

SB 2308-Medicaid Spend-down Payment

SUMMARY: This is an initiative of Health and Disability Advocates, Inc. It would allow persons whose monthly income requires a spend-down before they are eligible for Medicaid to pay that spend-down amount each month so that there is no interruption in their eligibility and they do not have to verify medical expenses every month in order to be determined eligible. The bill will benefit older adults and persons with disabilities who have relatively fixed monthly medical bills and who receive Social Security benefits that exceed the non-spend-down eligibility limits for Medicaid. It also benefits individuals who are beneficiaries of the new Medicare prescription drug program because people who are eligible for both Medicaid and Medicare ("dual eligibles") have an advantage under that program.

STATUS: The bill has passed both houses and will be going to the Governor shortly.

SPONSORS:
Senate: Link
House: Ryg

SB 2254-Behavioral Supports for Persons with Developmental Disabilities

SUMMARY: This bill would require individual behavioral support plans for persons with developmental disabilities who are in community-based programs under the Home and Community Based Services Waiver and who have significant behavioral challenges that impact their ability to succeed in those programs. It would disallow certain aversive behavioral techniques such as electro-shock therapy and emphasize the use of functional behavioral assessments conducted by qualified professionals. The bill also requires the Department of Human Services to adopt rules to implement the requirements of the bill.

STATUS: The bill has passed the Senate and is now on 2nd Reading in the House. A technical amendment was added in the House, so the bill will have to be returned to the Senate for concurrence.

SPONSORS:
Senate: Sandoval
House: Brosnahan

By Phil Milsk, CCDI Governmental Affairs Consultant

Above you will see a flow chart of how a bill becomes law. It traces a bill step by step, from introduction, to committee, to the floor, to passage in the first chamber, then over to the second chamber where it repeats the process. If it passes both chambers with a constitutional majority (most bills require only a simple majority of each house, but some require a "super-majority" of 3/5 vote) the bill then goes to the Governor who can either sign it into law, issue a total veto or issue an amendatory veto.

Bills DO follow this process. They must be read three times in each chamber before being voted upon. They must receive a certain number of votes in each house to pass.

However, it is often the case that a bill's language is negotiated throughout the session before it actually appears in final form as an amendment. Sometimes a tactic called a "shell" or "vehicle" bill is used to move an issue along until final language is agreed upon. Sometimes a bill dies by failing to receive enough votes or by not passing before a deadline, only to see its language or a modified version of its language revived on another bill by way of an amendment. Very often we will have a bill introduced to get an issue out in the open for discussion. We will continue to have meetings to discuss the issue throughout the session until a final version is agreed upon. While we are doing this we have to be aware of deadlines and where the bill is in the legislative process. Sometimes we have to switch to another bill, if our sponsor is able to do so, because the original bill has died.

The legislative process is extremely interesting and very difficult at times. Some bills fly through the process unopposed and untouched. Most bills actually never make it through at all. Other bills are significantly revised as they move through the process as a result of negotiations with interested parties and stakeholders. Some-times they pass and other times they do not. It can be a very tricky process, but it is never dull.

By Phil Milsk, CCDI Governmental Affairs Consultant

The calendar for the Spring 2006 session of the Illinois General Assembly calls for the legislature to complete its business by April 7, about seven weeks earlier than usual. The last time something like this occurred was in 2000 when they adjourned on April 15. Why is this happening?

First, this is a major election year in Illinois. All constitutional offices (Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer and Comptroller) are up for election. In addition, two-thirds of the Senate seats and all of the House seats are on the November ballot. So, as was the case in 2000, the legislative and party leaders want their candidates to have as much time as possible to campaign. Candidates who are not in tough races often help out other members of their own party, so this will be a very busy campaign season.

Second, this is the second year of the two-year session. In even numbered years such as this one the General Assembly is supposed to focus on the budget and "emergency" legislation only. However, as we all know, everyone has his or her own definition of what constitutes an "emergency". The Illinois House Leader, Speaker Michael Madigan, has imposed a three-bill limit on his members. That is, they will only be able to move three bills out of the Rules Committee for consideration. Members have been asked to list their three priorities for the session. The Senate has yet to impose specific bill limits, but members are aware that they may not be allowed to move a lot of bills this year.

So what can we expect this year? A lot of bills will be filed, as usual, but a lot fewer will actually move through the process. February, March and early April will be extremely active months at the Capitol. Most of the focus will be on the budget. Disability advocates will be interested in knowing whether any initiatives to implement the Olmstead decision will appear in the Governor's budget. His budget message is scheduled for February 15. Some important legislation will pass (it always does) and we will continue to play an important role on all bills affecting the disability community.