This is the final report on activities of the DD Coalition for the 2007 Legislative session. The report is divided into the following sections:
     Overview
     DD Coalition Legislative Activities
     Budget
     2007 Legislation

Overview

The 74th Legislative Session was far different from previous sessions in a number of very important ways. After 16 years of Republican rule, the Democrats gained control of the House and the Senate, as well as the Governor’s Office. And unlike our more recent legislative Sessions, economic conditions were good. There was money to add to the budget and an opportunity to rebuild programs previously cut.

An early commitment to try an annual session model, (a 6 month session in 2007, a 1 month session in 2008) included a commitment to end the 2007 session on time by the end of June. The usual “organizational time” during the first few weeks was eliminated. Committees were ready to begin meeting on the opening day of the Legislature. Other legislative timeframes were tightened. The new speed and intensity of the session challenged legislators and lobbyists alike.

The DD community benefited from a number of strong and committed allies in positions of legislative leadership in both parties. Of significant note were two freshman legislators with children who have developmental disabilities. And finally, unlike previous legislative sessions, some of which continued on into the final days of August, the 74th Legislative Session met their goal of finishing before the end of June!

With the change in leadership in the Legislature came a significant increase in legislation on health care reform, human services, the environment, and social policy issues. K-12 education, human services and higher education received funding increases. However, while a number of important pieces of legislation passed including creation of a state “rainy day” fund and domestic partnerships, legislation that would have increased taxes to pay for health care or other needed programs failed because there were not the votes required for passage of tax measures.

DD Coalition Legislative Activities:

Shared Legislative Priorities:

The DD Coalition is comprised of over 26 organizations that represent providers, families, self advocates, advocacy organizations and others. Prior to the elections in November, the DD Coalition selected its major legislative priorities from a list generated by its members. All members agreed to support the Coalition priorities including the increase in provider rates, Medicaid waiver for medically involved children, and the elimination of the residential offsets

Lobbyists work together:

In addition to the Coalition priorities, many individual members had other legislative issues they pursued. Several Coalition members regularly hire their own lobbyists. Coalition member lobbyists work closely together during the session to promote the issues of people with developmental disabilities, the programs and people who support them, including families.

GO! Project - Grassroots trainings and communication:

The DD advocacy community played a major role in making this one of the most successful legislative sessions for DD issues in recent times. The GO! Project was an important part of that success. DD Coalition members help fund the GO! Project, a grassroots training, information dissemination and community organizing project of the Coalition.

During 2006, pre-session education and advocacy workshops were held in Bend, Pendleton, Medford and Portland. Four additional Advocacy Days Workshops were held in the Capitol building during the legislative session. In all, approximately 190 self advocates, family members, direct support staff and professionals attended these advocacy trainings.

The GO! Bulletin containing legislative updates was emailed monthly to an average of 1,689 people throughout Oregon. For the first time, the GO! Project utilized the Oregon Network Powermail and Action Alert system. Seven Alerts requesting action were sent during this Legislative Session. Four Powermails letting people know about important events were also emailed during the Session. The DD Coalition website, oregonddcoalition.org, was updated weekly. Fact sheets that included county profiles and key issues were available for download on the website. Coalition members and active community members used these facts sheets in their discussions with legislators.

Other Activities

Providers held gatherings throughout the state that brought hundreds of individuals with disabilities, families, direct support workers, legislators and other policy makers together

Budget

Department of Human Services HB 5031

The DD budget contained a number of significant funding increases.

• Staley Settlement
  Funding increased for the approximately 130 remaining enrollees in the Staley Agreement Non-Crisis Comprehensive 300 program. This will allow individuals with more significant support needs to be included. Brokerages will now be able to backfill vacancies by adding new people when someone else leaves service. Two new brokerages are being added in areas where existing brokerages have reached capacity. Brokerages will also receive a 5.6% rate increase and a 2.1% COLA (cost of living allowance) for 07-09. 
  Mandated caseload figures were updated, resulting in a funding increase.
• Providers received a 2.1% COLA increase in 07 and 08.
  o $20 million in General Fund was added for provider rates.
  o $1.4 million in General Fund was added to fund a new Medically Involved Children’s waiver. (HB 2406)
  o $2 million dollars was allocated to fund a Juvenile Psychiatric Security Review Board program for youth with developmental disabilities. (SB 329)
  
  • The Governor withdrew his proposed closure of Eastern Oregon Training Center (EOTC) in 2007 over the objections of advocates. Governor’s staff indicated the Governor continued to support the ultimate closure of the last remaining DD state institution. $800,000 was removed from the 2007-2009 budget because of staff reductions. HJR 51(see below) establishes Legislative intent that funds from the closure of EOTC should remain within the DD system.
  
  • A number of budget notes attached to the DHS budget will have an impact on people with developmental disabilities.
        o Requires a report on the implementation of SB 328, the Juvenile Psychiatric Security Review Board / DHS program for youth with developmental disabilities. The report must also include pertinent demographic data including race, age, and geographic location.
        o Requires DHS and the Department of Transportation to work together on developing strategies to enhance transportation for the elderly and people with disabilities and to report their findings to the Department of Administrative Services (DAS) and the Legislative Fiscal Office prior to the 2009 session.
  
  Department of Education
  
  • Funding for K-12 education was increased to $6.245 billion dollars. The majority of Special Education funding comes from a formula based on the basic education per pupil allocation. The increase in K-12 education funding will also increase the amount of Special Education dollars received by local school districts. (HB 5020)
  
  • High Cost Student Program funding was increased from $12 million to $18 million. This program makes additional funding available to support students who require educational services that cost more than 4 times the basic amount allocated per student.(SB 211)
  
  • Efforts failed to increase the funding to Regional Programs. These programs provide additional support to schools who serve students who have low incidence disabilities, including deaf/ hard of hearing, blind / visually impaired, orthopedically impaired, autism, and students with Other Health Impairments. Funding for these programs remained at the same level, despite an increase in the number of students served, particularly in the area of autism. (HB 5019)
  
  • Early Intervention / Early Childhood Special Education received an additional $3 million dollars to correct a previous budget error. $102,364,508 General Fund was allocated to the program, of which $6,084,565 GF was placed in a Special Purpose Emergency Board Appropriation fund. The EI/ECSE program is required to report to the E Board on caseload growth and federal funds. At that time, the program may request the second year caseload growth funding in the special appropriation. (HB 5019)
  
  The following budget note related to EI/ECSE was also included in the budget:
  
  “The Department of Education will report to the interim Joint Committee on Ways and Means or the Emergency Board on the steps being taken to ensure Early Intervention / Early Childhood special education programs are addressing the needs of children with autism and early K-12 grades are interacting with an appropriate health care professional.”
  
  • Oregon Pre-K program received an increase of $39 million General Fund. This will dramatically increase the percentage of eligible children, including children with disabilities, who are able to access Oregon Pre-K programs.
  
  • Schools for the Deaf / Blind continued to receive intense scrutiny. Many of the students at the School for the Blind have developmental disabilities. Currently, the schools receive an operating budget of $22,406,419 million General Fund dollars for the 120 students enrolled in both schools. A budget note included in the Department of Education budget requires ODE to do further analysis on the viability of moving the School for the Blind to the campus of the School for the Deaf, identify costs to make needed changes, and determine possible revenue from the sale of the property that is currently the site of the School for the Blind. ODE is required to report their findings prior to taking any action. HB 2263 established Boards of Directors for the School for the Deaf and the School for the Blind.
  
  Housing and Community Supports
  
  The budget for the Housing and Community Supports Division increased by $26 million for affordable housing. Unfortunately, HB 3551, the bill that would have increased the document recording fee and generate additional dollars for low income housing failed to pass during the last hours of the legislative session.
  
  2007 Legislation
  
  Developmental Disabilities
  
  HB 2406 Passed: Creates a Medicaid waiver in-home support program for children who require significant levels of medical support. Directs the Department of Human Services to apply for a Medicaid waiver that would ignore parental income. Passage of this legislation provides options other than nursing homes and foster care for families with children requiring high levels of medical support.
  
  HB 2464 Failed: Proposed to allow individuals with developmental disabilities to retain earned income without jeopardizing the individual’s public benefits. This is the third legislative session this bill has been introduced and failed. The estimated cost of implementing this legislation is approximately $400,000 and advocates will focus on getting this included in the 2009-2011 Governor’s Budget.
  
  HB 2442 Failed: Proposed the establishment of a Commission for the Products of Disabled Individuals law. This was at least the third legislative session that the Oregon School Employees Association has attacked the Products of Disabled Individuals Program by claiming that it encourages the outsourcing of union jobs. Disability advocates maintain that the program, a major source of employment for people with disabilities, is not responsible for outsourcing decisions.
  
  The lengthy and bitter hearings included competing unions, providers, people with disabilities, and advocacy organizations. A number of interim efforts are being made in an attempt to avert another legislative attack on the program, including expanding the existing program advisory committee to include representation from unions, business, people with disabilities, and advocates.
  
  HJR 51 Passed: Recognizes the contributions of people with developmental disabilities, recommends that savings from the closure of Eastern Oregon Training Center remain in the DD system, and requires the state to address the issues of economic development for Pendleton in a plan to close EOTC.
  
  SB 42 Passed: “Home Alone Bill”. Allows DHS to develop rules for permitting exceptions to the requirement that the foster care provider must be in the home at all times. Allows individuals with developmental disabilities to be in the foster care home alone under certain circumstances. This bill corrects a problem that was discovered after the foster care rules were rewritten.
  
  SB 328 Passed: Creates program to serve youth who are guilty of certain crimes but are determined to have cognitive limitations that prevent them from understanding the nature and impact of their crimes. Directs the juvenile panel of the Psychiatric Security Review Board to begin to serve youth with developmental disabilities and requires the DD Program to develop secure facilities to serve these youth. There was significant disagreement between the PSRB and the Department of Human Services on the potential number of youth who may be identified and whether “secure” means locked facilities are required. This legislation will be closely monitored for its potential budget impacts. A budget note in the DHS budget requires a report to the Ways and Means Committee. (See DHS budget above)
  
  SB 766 Failed: Proposed a Task Force on Oregon Comprehensive Services System for Adults and Children with Developmental Disabilities. This bill was a “gut and stuff” of another bill. The State Office of DD Services and the Oregon Council on Developmental Disabilities have agreed to work with families to prepare recommendations related to changes in the current comprehensive system and to advocate for additional funding for non-crisis comprehensive services.
  
  Education
  
  HB 2263 Passed: Eliminates the Certificate of Initial Mastery and the Certificate of Advanced Mastery. Modifies the Oregon Report Card. Changes interventions with for schools not demonstrating improvement. Establishes Boards of Directors for the School for the Deaf and the School for the Blind.
  
  HB 2864 Passed: Creates a statewide modified diploma and requires school districts to allow individuals who receive modified diplomas and alternative certificates to participate in graduation ceremonies. This bill was also used as the vehicle for other changes in the graduation requirements for the standard diploma.
  
  HB 3349 Failed: Proposed an autism scholarship program that would support children to attend public schools that are not their resident schools or to attend private schools.
  
  HJM 2 Passed: Urges Congress to increase the funding for the education of children with disabilities.
  
  HJM 3 Passed: Requests the federal Secretary of Education to work with Oregon in determining yearly progress rate for children in special education.
  
  SB 211 Passed: Increases the High Cost Disabilities Fund. (see Education budget)
  
  SJM 12 Passed: Urged Congress to amend the No Child Left Behind Act to increase funding and allow for waivers.
  
  Health Care
  
  HB1041 Passed: Repeals the OHP reductions, including vision and dental, that were approved last Session but not implemented because the State had not received the waiver to make the reductions until recently.
  
  HB 2407 Failed: Proposed a federal Medicaid option to allow families who have children with disabilities to supplement their private insurance by buying into the Medicaid program. Oregon advocates believe this is an important option for children with disabilities and will bring it back next session.
  
  HB 2517 Passed: Requires health care insurance to cover prosthetic and orthotic devices.
  
  HB 2918 Passed: HB 2918 was originally intended to require health insurance plans to cover autism treatment. The bill was amended and now limits the ability of health benefit plans to treat children under the age of 18 with specific disabilities differently than children without disabilities.
  
  This bill also directs the Health Resources Commission to conduct a review of evidence based treatments of pervasive developmental disorders / autism spectrum disorders. In addition to this legislation, the Department of Human Services and the Department of Education agreed to review current services to people with autism and identify gaps in the system. An effort will be made to coordinate these activities and prepare a holistic report to the Legislature.
  
  HB 2946 Passed: Directs DHS to seek a Center for Medicare and Medicaid Services (CMS) waiver to operate demonstration projects to test alternative health care delivery systems.
  
  HB 3057 Failed: Proposed a demonstration project for a medical primary care home model.
  
  HB 3368 Failed: One of several health care reform bills proposed this session. Would have created a Health Insurance Exchange, changed health care funding structures, increased access to the Oregon Health Plan and the Family Health Insurance Assistance Program.
  
  HB 3555 Failed: Proposed a Prevention of Shaken Baby Syndrome Fund that would provide information to new parents on the dangers of shaking babies.
  
  SB 3 Passed: Creates the Healthy Kids program to provide affordable accessible health care for children. Linked with SJR 4, the Senate Joint Resolution calling for ballot referral to create a funding source for the program.
  
  SB 14 Failed: Would have required health plans to provide coverage for hearing aids for children.
  
  SB 27 Failed: Former Governor Kitzhaber’s proposal for creating a process to reform health care. Called the Archimedes Project, this proposal continues to have tremendous grassroots support.
  
  SB 329 Passed: The major health care reform bill that passed. Creates the Healthy Oregon Act. Early attempts to combine SB 27 and SB 329 failed. SB 329, sponsored by Senators Bates and Westlund, will provide the blueprint for health care reform in the coming several years. There will be a number of opportunities for DD advocate involvement as this bill begins to be implemented.
  
  SB 360 Failed: Proposed the Office of Health Care Ombudsman to respond to complaints on the Oregon Health Plan, DHS employees, health plans and managed care plans.
  
  SB 362 Passed: Expands access to the Oregon Prescription Drug plan to all Oregonians.
  
  SB 1041 Passed: Reinstates OHP coverage for dental ,vision, hospital and drug services.
  
  SJR 4 Passed: Sends a referral to the voters for a Constitutional amendment to increase the tobacco tax to fund the Healthy Kids Program. Linked to SB 3
  
  SJM 13 Passed: Urges Congress to reauthorize State Children’s Health Insurance Program
  
  Housing
  
  HB 2094 Passed: Expands the use of the Individual Development Account and makes other changes in the existing program. IDA’s may be used to save money toward home ownership, home modifications, technology and employment supports without jeopardizing an individual’s public benefits.
  
  Administrative
  
  HB 2702 Passed: Directs the development of a plan ensuring that documents produced by state agencies conform to “plain language standards.”
  
  HB 3067 Passed: Requires the use of current population data when an allocation is based on population.
  
  HB 83 Passed: Implements the Respectful Language bill of 2005 that requires the use of “people first” language in bills, laws, and rules. One the largest bills of the session, HB 83 contained amended language affecting almost all Oregon Statutes.
  
  Transportation
  
  HB 2851 Failed: Proposed a task force on transportation needs of people with developmental disabilities. The bill died in Ways and Means. The State Office of DD Services indicated early in the process that they would convene a workgroup to review current transportation strategies and make recommendations for change. A budget note in the DHS budget requires DHS and Department of Transportation to work together to develop proposals to improve transportation for seniors and people with disabilities.
  
  Rights
  
  HB 2175 Passed: Allows DHS to use abuse and neglect reports to determine fitness of employees, providers, and volunteers. Creates a committee to develop recommendations on the use of abuse and neglect reports.
  
  HB 2312 Passed: Creates a right to daily access to fresh air for individuals with mental illness.
  
  HB 2313 Passed: Requires DHS to provide committed persons information about the protection and advocacy system and extends the right of daily access to fresh air and the outdoors to community mental health facilities.
  
  HB 3336 Failed: Death Penalty. Proposed a Taskforce on Mental Retardation in Capital Cases. This was another effort to address the process for determination of mental capacity in cases where the death penalty was possible. The bill did not pass, but a workgroup involving the Attorney General’s office will be established to recommend a protocol in such cases.
  
  SB 244 Passed: Specifies conditions for the use of genetic test information.
  
  SB 260 Passed: Modifies the power of the guardian to withdraw or withhold nutrition or hydration. This is an important safeguard for people with developmental disabilities.
  
  SB 263 Failed: Would have required DHS to provide OAC with information on deaths or injuries that occurred during restraint or seclusions of individuals with disabilities in certain types of facilities/ programs.
  
  SB 264 Passed: Adds a requirement that abuse of individuals with developmental disabilities 18 and over who were previously eligible or in services, must be reported even if the individual is currently no longer in services.
  
  SB 693 Passed: Allows a trustee to terminate a trust under certain conditions and clarifies how a trustee can pay for certain expenses.
  
  SB 716 Passed: Creates “Wheelchair User Only” parking spaces.
  
  SB 753 Passed: Requires that all public agencies cooperate with requests of an ombudsman.
  
  Human Services
  
  HB 2469 Passed: Major overhaul of Oregon’s Temporary to Needy Families Program (TANF) program. Increases screening, identification and support for individuals with disabilities. Includes the creation of a State Family Pre SSI / SSDI program to assist individuals through the eligibility and application process.
  
  HB 2734 / HB 2914 / HB 3139 / SB 937 Failed: Bills attempted to reinstate a General Assistance type program that would support individuals while they are applying for SSI or SSDI
  
  HB 3136 Failed: Proposed to appropriate money to the Department of Human Services to purchase a Network of Care, an information and referral website. Bill failed, but $400,000 was put in the DHS budget to purchase a website. The funding is intended to focus the website on mental health services.
  
  HB 3330 Failed: Proposed a People with Disabilities Task Force to study and make recommendations on services available and needed to meet the needs of children and adults with disabilities. Focus of this legislation was on people with physical disabilities.
  
  HB 3342 Failed: Would provide $100,000 grants for administration of public guardian and conservator programs.
  
  SB 41 Passed: Increases access to the Oregon Telephone Assistance Program.
  
  SB 282, SB 408, SB 409, SB 410, SB 411, SB 412, SB 413, SB 414 Passed: Legislation that will increase stability and safety of children in foster care and preserve appropriate familial relationships. Among many other changes, these bills increase reporting requirements and allow relatives to be paid to provide foster care.
  
  SB 648 Passed: Specifies state and local responsibilities for Lifespan Respite programs. Modifies the state and local advisory committees and expands the way the program funds can be used.
  
  SB 788 Passed: Grants childcare providers the right to collective bargaining.
  
  SB 858 Passed: Provides foster care providers the right to collective bargaining. Recognizes SEIU as the exclusive labor organization.
  
  SB 873 Failed: Proposed a birth abnormality and congenital defect registry.
  
  SB 955 Failed: Proposed increased mental health services to seniors and people with disabilities.
  
  Funding / Taxes / Tax Credits
  
  HB 2347, HB 2535 Failed: Proposed beer and wine tax increases with revenue targeted to mental health and drug and alcohol treatment. Oregon legislature continues to resist raising the currently very low taxes on beer, wine and distilled spirits.
  
  HB 2414 Failed: Proposed targeting a percentage of Oregon Liquor Control Commission (OLCC) revenue to programs related to fetal alcohol syndrome. Several bills attempted to redirect OLCC revenue because of its dramatic increase in recent years. Oregonians are apparently drinking more and better quality alcoholic beverages!
  
  HB 2707 Passed: Creates a “rainy day” fund for Oregon. Oregon was one of the few states in the nation that still did not have a reserve fund for tough economic times.
  
  HB 2752 Passed : Allows eligible taxpayer to claim working family child care tax credit if the taxpayer’s spouse is disabled and unable to provide child care, be gainfully employed, or attend school.
  
  HB 2192 Passed: Allows for cost recovery from the estates of people who were served in state institutions, including Eastern Oregon Training Center.