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H0557.................................................by HEALTH AND WELFARE
DEVELOPMENTAL DISABILITIES COUNCIL - Amends and repeals existing law to
revise the membership, powers, duties and authorities of the Developmental
Disabilities Council.
02/05 House intro - 1st rdg - to printing
02/06 Rpt prt - to Health/Wel
02/19 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 57-0-13
AYES -- Aikele, Barrett, Bedke, Bell, Block, Boe, Bolz, Bradford,
Bruneel, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis,
Ellsworth, Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell,
Lake, Langford, Loertscher, Martinez, McKague, Meyer, Montgomery,
Mortensen, Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Schaefer, Shepherd, Smith(33), Smith(23), Smylie, Stone,
Tilman, Trail, Wheeler, Wood, Young
NAYS -- None
Absent and excused -- Barraclough, Bieter, Black, Callister,
Eskridge, Field(13), Kunz, Mader, Moyle, Pischner, Sellman,
Stevenson, Mr. Speaker
Floor Sponsor - Sali
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Health/Wel
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Ipsen
Title apvd - to House
03/15 To enrol - rpt enrol - Sp signed
Pres signed
03/15 To Governor
03/20 Governor signed
Session Law Chapter 113
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 557
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO STATE COUNCIL ON DEVELOPMENTAL DISABILITIES; AMENDING
3 SECTION 67-6701, IDAHO CODE, TO REVISE THE DECLARATION OF PURPOSE AND TO
4 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-6702, IDAHO CODE, TO
5 REVISE DEFINITIONS, TO ALPHABETIZE DEFINITIONS AND TO MAKE TECHNICAL COR-
6 RECTIONS; AMENDING SECTION 67-6703, IDAHO CODE, TO REVISE THE ROLE AND
7 MISSION OF THE IDAHO STATE COUNCIL ON DEVELOPMENTAL DISABILITIES; AMENDING
8 SECTION 67-6704, IDAHO CODE, TO INCREASE THE NUMBER OF MEMBERS ON THE
9 COUNCIL, TO REVISE THE COUNCIL'S MAKEUP AND TO MAKE TECHNICAL CORRECTIONS;
10 AMENDING SECTION 67-6705, IDAHO CODE, TO DELETE ARCHAIC LANGUAGE AND TO
11 PROVIDE THAT THE GOVERNOR SHALL MAKE APPROPRIATE PROVISIONS FOR ROTATION
12 OF MEMBERSHIP ON THE COUNCIL; AMENDING SECTION 67-6706, IDAHO CODE, TO
13 PROVIDE THAT COUNCIL MEMBERS SHALL BE REIMBURSED FOR EXPENSES ASSOCIATED
14 WITH THE RESPECTIVE MEMBERS' RESPITE CARE FOR THEIR CHILD OR ADULT FAMILY
15 MEMBER WITH DEVELOPMENTAL DISABILITIES; AMENDING SECTION 67-6707, IDAHO
16 CODE, TO PROVIDE FOR A CHAIR OF THE COUNCIL AND TO MAKE TECHNICAL CORREC-
17 TIONS; AMENDING SECTION 67-6708, IDAHO CODE, TO REVISE THE RESPONSIBILI-
18 TIES AND DUTIES OF THE COUNCIL AND TO MAKE A TECHNICAL CORRECTION; REPEAL-
19 ING SECTION 67-6709, IDAHO CODE; AND AMENDING SECTION 67-6710, IDAHO CODE,
20 TO REDESIGNATE THE SECTION.
21 Be It Enacted by the Legislature of the State of Idaho:
22 SECTION 1. That Section 67-6701, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 67-6701. DECLARATION OF PURPOSE. The legislature finds that disability is
25 a natural part of the human experience that does not diminish the right of
26 individuals with developmental disabilities to live independently, to exert
27 control and choice over their own lives, and to fully participate in and con-
28 tribute to their communities through full integration and inclusion in all
29 aspects of their lives; that individuals with developmental disabilities com-
30 prise from 1.2 to 1.65 percent of the population; that individuals with devel-
31 opmental disabilities are at greater risk of discrimination and abuse,
32 neglect, and exploitation; that individuals with developmental disabilities
33 and their families often do not have access to appropriate services, support
34 and other assistance to live independent lives in their homes and communities;
35 that an increasing number of people with developmental disabilities are living
36 at home with aging parents as primary caregivers; and that while there are
37 numerous generic services and programs designed to be provided to the develop-
38 mentally disabled population of Idaho, that these services and programs are
39 located within diverse agencies and organizations with no central point for
40 coordination and cooperation, comprehensive planning, evaluation, monitoring
41 and influencing advocating on behalf of the developmentally disabled. Coopera-
42 tion and coordination would result in the identification and reduction in gaps
43 in the services being provided, eligible individuals receiving appropriate
2
1 services, reduction in inappropriate duplication of services, clarification in
2 responsibility for providing services, and an increase in the effectiveness of
3 the state to serve the developmentally disabled people with developmental dis-
4 abilities. This act is designed to establish a central point for cooperation
5 and coordination in order to optimally utilize federal, state, local and pri-
6 vate resources to habilitate, normalize, rehabilitate or to bring to the high-
7 est level possible those persons with a developmental disability assure that
8 individuals with developmental disabilities and their families participate in
9 the design of, and have access to, needed community services, individualized
10 supports, and other forms of assistance that promote self-determination, inde-
11 pendence, productivity, and integration and inclusion in all facets of commu-
12 nity life through culturally appropriate programs. This act is also intended
13 to assure the dignity of persons with developmental disabilities, by
14 reaffirming their rights, which are the same rights as other people of the
15 state of the same age and includes the right to live as complete and normal
16 lives as possible and to develop their abilities and potential to the fullest
17 extent possible.
18 It is understood that the intention of this act is not to supersede the
19 authority or responsibilities of agencies of state government responsible for
20 providing services to persons with developmental disabilities.
21 SECTION 2. That Section 67-6702, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 67-6702. DEFINITIONS. (1) "Advocacy" means to act in the interest of
24 individuals with developmental disabilities in accordance with the purposes of
25 this chapter.
26 (2) "Assistive technology device" is any item, equipment or product sys-
27 tem that is used to increase, maintain or improve functional capabilities of
28 individuals with disabilities.
29 (3) "Assistive technology service" is any service which directly assists
30 an individual with a disability in the selection, acquisition, or use of an
31 assistive technology device.
32 (4) "Council" means the Idaho state council on developmental disabili-
33 ties.
34 (5) A "developmental disability" is means a severe and chronic disability
35 of an individual that:
36 (a) Is aAttributable to an impairment, such as mental retardation, cere-
37 bral palsy, epilepsy, autism, or other condition found to be closely
38 related to or similar to one of these impairments that requires similar
39 treatment or services or is attributable to dyslexia resulting from such
40 an impairment a mental or physical impairment or combination of mental and
41 physical impairments;
42 (b) Is manifested before the individual attains age twenty-two (22)
43 years;
44 (c) Has continued or can be expected Is likely to continue indefinitely;
45 and
46 (c) Constitutes a substantial handicap to such person's ability to func-
47 tion normally in society.
48 (2) A "substantial handicap" is:
49 (ad) A disability which results in substantial functional limitation
50 Results in substantial functional limitations in three (3) or more of the
51 following areas of major life activity:
52 1.(i) Sself-care;
53 2.(ii) Rreceptive and expressive language;
3
1 3.(iii) Llearning;
2 4.(iv) Mmobility;
3 5.(v) Sself-direction;
4 6.(vi) Ccapacity for independent living; or
5 7.(vii) Eeconomic self-sufficiency; and
6 (be) Reflects the need for a combination and sequence of special, inter-
7 disciplinary, or generic care, treatment, or other services,
8 individualized supports or other forms of assistance which are:
9 1.(i) Oof lifelong or extended duration, and
10 2.(ii) Iindividually planned and coordinated.
11 (3) "Normalization" is the process of providing services which promotes a
12 life as much as possible like that of the rest of the community, including
13 living in the community and access to community resources.
14 (4) "Habilitation" is the process of developing skills and abilities.
15 (5) "Rehabilitation" is the process of improving skills or level of
16 adjustment to increase the person's ability to maintain satisfactory indepen-
17 dent or dependent functioning.
18 (6) "Council" means the Idaho state council on developmental disabili-
19 ties.
20 (7) "Advocacy" means to act in the interests of the developmentally dis-
21 abled population.
22 (6) "Inclusion" means the acceptance and encouragement of the presence
23 and participation of individuals with developmental disabilities, by individu-
24 als without disabilities, in social, educational, work and community activi-
25 ties, that enables individuals with developmental disabilities to:
26 (a) Have friendships and relationships with individuals and families of
27 their own choice;
28 (b) Live in homes close to community resources;
29 (c) Enjoy full access to and active participation in the same community
30 activities and types of employment as individuals without disabilities;
31 (d) Take full advantage of their integration in a manner that allows them
32 to live, learn, work and enjoy life in regular contact with individuals
33 without disabilities;
34 (e) Enjoy full and equal access to appropriate assistive technology
35 devices and services and to information and electronic technology.
36 (7) "Individualized supports" means supports that:
37 (a) Enable an individual with a developmental disability to exercise
38 self-determination, be independent, be productive, and be integrated and
39 included in all facets of community life;
40 (b) Are designed to:
41 (i) Enable such individual to control such individual's environ-
42 ment, permitting the most independent life possible;
43 (ii) Prevent placement into a more restrictive living arrangement
44 than necessary;
45 (iii) Enable such individual to live, learn work, and enjoy life in
46 the community;
47 (c) Include:
48 (i) Early intervention services;
49 (ii) Respite care;
50 (iii) Personal assistance services;
51 (iv) Family support services;
52 (v) Supported employment services;
53 (vi) Support services for families headed by aging caregivers of
54 individuals with developmental disabilities;
55 (vii) Provision of assistive technology devices and services; and
4
1 (viii) Transportation services.
2 (8) "Integration" means exercising the equal right of individuals with
3 developmental disabilities to access and use the same community resources as
4 are used by and available to other individuals.
5 (9) "Productivity" means:
6 (a) Engagement in income-producing work that is measured by increased
7 income, improved employment status, or job advancement; or
8 (b) Engagement in work that contributes to a household or community.
9 (10) "Self-determination" means that individuals with developmental dis-
10 abilities have, with appropriate assistance:
11 (a) The ability and opportunity to communicate and make personal deci-
12 sions;
13 (b) The ability and opportunity to communicate choices and exercise con-
14 trol over the type and intensity of services, supports and other assis-
15 tance the individuals receive;
16 (c) The authority to control resources to obtain needed services, sup-
17 ports and other assistance;
18 (d) Opportunities to participate in and contribute to their communities;
19 (e) Financial and other support necessary to:
20 (i) Advocate for themselves and others;
21 (ii) Develop leadership skills, through training in self-advocacy;
22 (iii) Participate in coalitions;
23 (iv) Educate policymakers; and
24 (v) Play a role in the development of public policies that affect
25 individuals with developmental disabilities.
26 SECTION 3. That Section 67-6703, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 67-6703. IDAHO STATE COUNCIL ON DEVELOPMENTAL DISABILITIES. (1) The Idaho
29 state council on developmental disabilities is hereby established. The council
30 shall be the interdepartmental and interagency planning and advisory body for
31 the departments and agencies of the state for programs and services affecting
32 persons with a developmental disability. In addition, the council shall be the
33 state developmental disabilities planning council required by the developmen-
34 tal disabilities services and facilities construction act (PL 91-517, as
35 amended) and subsequent acts to engage in advocacy, capacity building, and
36 systemic change activities that:
37 (a) Contribute to a coordinated, consumer and family-centered, consumer
38 and family-directed, comprehensive system that includes needed community
39 services, individualized supports, and other forms of assistance that pro-
40 mote self-determination for individuals with developmental disabilities
41 and their families; and
42 (b) Are consistent with the requirements of the developmental disabili-
43 ties assistance and bill of rights act of 2000 (P.L. 106-402) and subse-
44 quent acts.
45 (2) For budgetary purposes and for administrative support purposes, the
46 council shall be assigned, by the governor, to a department or office within
47 the state government. However, this assignment shall not interfere with the
48 interdepartmental and interagency planning, coordinating, influencing, evalu-
49 ating and monitoring functions advocacy, capacity building, and systemic
50 change activities, budget, personnel, plan development or plan implementation
51 of the council, except that the designated state agency shall have the author-
52 ity necessary to carry out the responsibilities described in P.L. 106-402,
53 section 125(d)(3).
5
1 SECTION 4. That Section 67-6704, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 67-6704. COMPOSITION. (1) The council shall consist of twenty-onethree
4 (213) members to be appointed by the governor, at least sixty percent (60%) of
5 whom shall be individuals with developmental disabilities, parents or guard-
6 ians of children with developmental disabilities, or immediate relatives or
7 guardians of adults with mentally impairing developmental disabilities who
8 cannot advocate for themselves. These members shall not represent any other
9 category of membership.
10 (2) (a) At least four (4) five (5) of the members shall be persons with a
11 developmental disability, and at least seven (7) of the members shall be par-
12 ents or guardians of such persons, and who are not officers or employees of an
13 entity or state agency which receives funds for, or provides services to,
14 developmentally disabled persons. One (1) additional member shall be either a
15 person with a developmental disability or the parent of a person with a devel-
16 opmental disability.
17 (3) The principal state agencies concerned with services or programs
18 affecting the developmentally disabled individuals with developmental disabil-
19 ities shall be represented as members of the council., including entities
20 responsible for administering funds under:
21 (a) The rehabilitation act of 1973 (29 U.S.C. section 701 et seq.);
22 (b) The individuals with disabilities education act (20 U.S.C. section
23 1400 et seq.);
24 (c) The older american act of 1965 (42 U.S.C. section 3001 et seq.);
25 (d) Titles V and XIX of the social security act (42 U.S.C. section 701 et
26 seq. and section 1396 et seq.).
27 (4) The council shall also have representation from:
28 (a) The state protection and advocacy organization;
29 (b) The university center for excellence in developmental disabilities
30 education, research and service.
31 One (1) representative may represent more than one (1) program or service.
32 (4) The designated state organization providing protection and advocacy
33 services to the developmentally disabled shall be represented.
34 (5) The remainder of the members may be appointed from the public-at-
35 large and from shall be representatives of local and nongovernmental agencies
36 and private nonprofit groups concerned with or dealing services for individu-
37 als with developmental disabilities pursuant to P.L. 98-527106-402 and council
38 by-laws bylaws required by section 67-6707(2), Idaho Code.
39 (6) Due regard shall be given to balanced representation from geographi-
40 cal and demographic areas of the state The membership of the council shall be
41 geographically representative of the state and reflect the diversity of the
42 state with respect to race and ethnicity.
43 SECTION 5. That Section 67-6705, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 67-6705. APPOINTMENT AND TERM OF OFFICE. (1) Council members' terms shall
46 be for three (3) years.
47 (2) For purposes of initial appointments, the existing membership of the
48 Idaho state developmental disabilities planning council shall become the coun-
49 cil required by section 67-6703, Idaho Code.
50 (3) For purposes of initial appointments, seven (7) members shall be
51 appointed for one (1) year terms, seven (7) members shall be appointed for two
52 (2) year terms, and seven (7) members shall be appointed for three (3) year
6
1 terms The governor shall make appropriate provisions for rotation of member-
2 ship on the council.
3 (43) A vacancy occurring in the membership of the council shall be filled
4 by appointment of the governor for the unexpired portion of the vacated term.
5 (54) Members may be replaced because of poor attendance, lack of partici-
6 pation in the council's work, or malfeasance in office.
7 SECTION 6. That Section 67-6706, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-6706. COMPENSATION AND EXPENSES. Members of the council shall serve
10 with no salary or benefits, but are entitled to reimbursement for travel and
11 other expenses as authorized by the Idaho Code. Those members of the council,
12 as set out in section 67-6704(2), Idaho Code, shall also be reimbursed for
13 expenses associated with the respective members' developmentally disabled
14 children's respite care for their child or adult attendant care family member
15 with developmental disabilities when necessary for the members to participate
16 in authorized council activities and meetings required under section
17 67-6707(2), Idaho Code.
18 SECTION 7. That Section 67-6707, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 67-6707. ORGANIZATION OF COUNCIL -- EMPLOYMENT OF NECESSARY PERSONNEL.
21 (1) The governor shall, after consultation with the council members, appoint a
22 chairman from among the council membership who shall serve for a one (1) year
23 term, but at the pleasure of the governor.
24 (2) The council shall adopt and amend bylaws governing its proceedings,
25 activities and organization, including, but not limited to, provisions for
26 election of officers other than the chairman; provision for a quorum, proce-
27 dure, frequency and location of meetings; and establishment, functions and
28 membership of council committees.
29 (3) The council shall employ and fix the compensation, subject to provi-
30 sions of chapter 53, title 67, Idaho Code, of such personnel as may be neces-
31 sary, including, but not limited to, a full-time administrator, who shall be
32 designated as the executive director of the council and who shall be exempt
33 under the provisions of chapter 53, title 67, Idaho Code.
34 SECTION 8. That Section 67-6708, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 67-6708. RESPONSIBILITIES AND DUTIES. The council shall:
37 (1) Serve as a forum by which issues and benefits regarding current and
38 potential services and programs for persons with developmental disabilities
39 may be discussed by consumer, public, private, professional and lay interests.
40 (2) Advocate for the needs of persons individuals with developmental dis-
41 abilities and conduct or support programs, projects and activities that carry
42 out such advocacy.
43 (3) Advise the executive and legislative branches of the local, state and
44 federal governments and the private sector on programs and policies pertaining
45 to current and potential services to persons with developmental disabilities
46 and their families.
47 (4) Submit periodic reports to the governor, the legislature and depart-
48 ments of state government on how current federal and state programs, rules,
49 regulations, and legislation affect services to persons with developmental
7
1 disabilities.
2 (5) Assess, review and/or monitor the services and programs being pro-
3 vided for the developmentally disabled individuals with developmental disabil-
4 ities.
5 (6) Review and comment on all service plans and budgets of the state
6 which will or may affect services and programs for persons with developmental
7 disabilities.
8 (7) Review and comment on proposed state legislation and/or rules and
9 regulations relating to services and programs for persons with developmental
10 disabilities.
11 (8) Participate in the deinstitutionalization process of the state in
12 regard to programs for the developmentally disabled community integration for
13 individuals with developmental disabilities.
14 (9) Develop a data base that reflects the services and programs provided
15 to persons with developmental disabilities, reflects potential needs of per-
16 sons with developmental disabilities, and reflects characteristics of the pop-
17 ulation with developmental disabilities.
18 (10) In consultation with the departments of state government, designated
19 state agency develop, prepare and adopt, and at least annually review and
20 revise as necessary, an annual a five (5) year strategic state plan. prescrib-
21 ing a program which meets the needs of persons with developmental disabilities
22 and submit such plan and all revisions to the governor's office and the ger-
23 mane committee of the legislature for their review and recommendations. Such
24 state plan shall be the state plan required to be submitted under P.L.
25 91-517106-402, as amended, and shall describe how the council will conduct and
26 support advocacy, capacity building and systemic change through:
27 (a) Establish goals and objectives in order for the state to meet the
28 needs of persons with developmental disabilities, including the establish-
29 ment of priorities for resource allocation for comprehensive services to
30 persons with developmental disabilities and other matters considered nec-
31 essary to achieve normalization. Such goals and objectives shall be based
32 on needs identified and cover gaps in existing services. Outreach and
33 identification of individuals with developmental disabilities and their
34 families to assist and enable them to obtain services, supports and assis-
35 tance;
36 (b) Establish alternative strategies to achieve the goals and objectives.
37 Training for individuals with developmental disabilities, their families
38 and personnel to enable them to obtain access to the services and supports
39 they need;
40 (c) Establish strategies to eliminate inappropriate placement and to
41 improve the quality of services and programs provided to persons with
42 developmental disabilities. Technical assistance to assist public and pri-
43 vate entities to assist and support individuals with developmental dis-
44 abilities in achieving independence, integration, productivity and self-
45 determination;
46 (d) Support for and education of communities to respond positively to
47 individuals with developmental disabilities and their families;
48 (e) Interagency collaboration and coordination;
49 (f) Coordination with related councils, commissions and programs concern-
50 ing individuals with disabilities;
51 (g) Efforts to eliminate barriers to the access and use of community ser-
52 vices by individuals with developmental disabilities, to enhance system
53 design and redesign, and to enhance citizen participation;
54 (h) Public education activities regarding the capabilities, preferences
55 and needs of individuals with developmental disabilities through coalition
8
1 development, self-advocacy training and education of policymakers;
2 (i) Conducting studies, analyses, information gathering, and providing
3 recommendations to local, state and federal policymakers in order to
4 increase their ability to offer opportunities or enhance services to indi-
5 viduals with developmental disabilities;
6 (j) Demonstration of new approaches to services and supports for individ-
7 uals with developmental disabilities and their families to assist them in
8 achieving independence, integration, productivity and self-determination;
9 (k) Demonstration of new approaches to increase access to electronic and
10 information technologies for individuals with significant disabilities;
11 and
12 (l) Other advocacy, capacity building and systemic change activities to
13 promote a coordinated, consumer and family directed comprehensive system
14 of supports and services for individuals with developmental disabilities.
15 (11) Monitor programs and services for persons with developmental disabil-
16 ities to assure nonduplication of services and to encourage efficient and
17 coordinated use of resources in the provision of services.
18 (12) Encourage all agencies that provide treatment, services and habilita-
19 tion for persons with developmental disabilities to design such services to
20 maximize the individual's potential and encourage agencies to provide such
21 treatment, services and habilitation in the least restrictive environment com-
22 patible with maximizing such persons' normalization.
23 SECTION 9. That Section 67-6709, Idaho Code, be, and the same is hereby
24 repealed.
25 SECTION 10. That Section 67-6710, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 67-67109. SHORT TITLE. This act shall be known and cited as the "Idaho
28 state council on developmental disabilities act."
STATEMENT OF PURPOSE
RS ll8l8Cl
The purpose of this legislation is to bring Title 67, Chapter 67,
Idaho Code, the Idaho State Council on Developmental Disabilities
Act, into compliance with recently authorized federal law, the
Developmental Disabilities Assistance and Bill of Rights Act of
2000 (PL 106-402). This federal act authorizes Councils and their
activities. This legislation also updates the language regarding
developmental disabilities to be consistent with current practice
and terminology.
FISCAL IMPACT
This bill will have no fiscal impact.
Contact
Name: Marilyn Sword, Idaho Council on Developmental Disabilities
Phone: 208-334-2178
STATEMENT OF PURPOSE/FISCAL NOTE H 557