CALIFORNIA UCP LEGISLATIVE UPDATE
SEPTEMBER 19, 2002 - Thursday afternoon

SB 1630 Relating to Merging State Council on Developmental Disabilities and Organization of Area Boards Approved By Governor

Legislation (SB 1630 by Sen. Wes Chesbro, D-Arcata) that would merge the State Council on Developmental Disabilities and the Organization of Area Boards, and restructure the 13 local Area Boards was signed into law by Governor Davis 9/17/02 and filed with the Secretary of State 9/18/02 (Chapter 676, Statutes of 2002).

The measure passed the Senate 40-0 on August 29 (approving amendments made in the Assembly) and passed the Assembly on August 27 by a vote of 80-0.

SB 1630, which takes effect on January 1, 2003, seeks to bring state law into
compliance with federal requirements under the Developmental Disabilities Assistance and Bill of Rights Act (Bill of Rights Act).

In the past, the federal Basic State Grant has funded both the State Council on
Developmental Disabilities and Area Boards. However, federal officials raised serious concerns during the last several years on the use of the federal funds for the independent Area Boards.  Federal officials raised concern about the federal
requirement that a State Council on Developmental Disabilities must maintain sole
discretion over the use of the grant funds. The federal officials halted release of the federal funding at the beginning of the current federal fiscal year (last October 1, 2001), and released the funding only upon assurance from the California Health and Human Services Agency Secretary Grantland Johnson, that the state would be in full compliance with federal law by August 15, 2002.

SB 1630 is intended, according to Sen. Chesbro, to ensure that compliance by restructuring and merging the State Council on Developmental Disabilities and the local Area Boards. In doing so, the bill would eliminate the Organization of Area Boards, which is meeting in Sacramento this week - and holds its final meeting in November.

WHAT SB 1630 WILL DO
* STATE COUNCIL MEMBERSHIP - Reformats the State Council on Developmental Disabilities to increase its size from 19 voting members to 29, including:
- Area Board Representation: 1 member from each of the 13 Area Boards on developmental disabilities nominated by the Area Board to serve as a council member, who shall be persons with a developmental disability or parents, siblings, guardians or conservators of these persons residing in  California.  Five of these members shall be persons with a developmental disability, three shall be parents, siblings, guardians, or conservators of persons with developmental disabilities, and five shall be either a person with a developmental disability or a parent, sibling, guardian, or conservator of a person with a developmental disability.  The nominee from each Area Board shall be an Area Board member who was appointed by the Governor.
- State Agency Representatives: 10 members of the council shall include the following (or their designee): Secretary of the California Health and Human Services Agency, Directors of Developmental Services, Rehabilitation, Superintendent of Public Instruction, a representative from a nongovernmental agency or group concerned with the provision of services to persons with developmental disabilities, 1 representative from each of the two university centers for excellence in the state, providing training in the field of developmental services, director of Department of Health Services, a member of the board of directors of the agency established in California to fulfill the requirements and assurance of Section 142 of the Developmental Disabilities Act of 1984 for a system to protect and advocate the rights of persons with developmental
disabilities, director of Department On Aging
- At-Large Representatives: 6 members at large, appointed by the Governor, as follows: 2 shall be persons with developmental disabilities, as defined, 1 shall be a person who is a parent, sibling, guardian, or conservator of a resident of a developmental center, 1 shall be a person who is a parent, sibling, guardian, or conservator of a person with a developmental disability living in the community, 1 shall be a person who is a parent, sibling, guardian, or conservator of a person with a  developmental disability living in the community, nominated by the Speaker of the Assembly.
- Person with Developmental Disabilities - One shall be a person with developmental disabilities, as defined in the bill.
* STATE COUNCIL TERMS - Establishes staggered terms of three years for the members of the State Council on Developmental Disabilities and prohibits any member from serving more than a total of six years. Permits members appointed prior to June 1, 2002,to continue to serve until their term expires.  Concludes the terms of members appointed after June 1, 2002, as of January 1, 2003.  Permits appointees from area boards to continue to serve on their area board until their term on the State Council has expired.
* AREA BOARD APPOINTMENTS - After January 1, 2003, Area boards shall be comprised as follows:
(a) For areas consisting of one to four counties, the Area Board shall consist of a total of 12 voting members appointed by the governing bodies of the counties, each county appointing an equal number of voting members, and five voting members appointed by the Governor.
(b) For areas consisting of five to seven counties, the Area Board shall consist of two voting members appointed by the governing body of each county, and five voting members appointed by the Governor.
(c) For areas consisting of eight or more counties, the Area Board shall consist of one voting member appointed by the governing body of each county, and five members appointed by the Governor. Of the members first appointed, five shall serve for one year, five shall serve for two years, and the remaining members shall serve for three years. Subsequent members shall serve for three years.  In counties with a population of more than 100,000, no member shall serve more than two consecutive three-year terms.
(d) The governing bodies of the counties in each area shall select their appointees from among the following groups, and, to the extent possible, in the following proportions: 60% from persons with developmental disabilities or the immediate relatives, guardians, or conservators of these persons and 40% from representatives of the general public.
(e) The appointments made by the Governor shall meet the requirements of paragraph existing law (in the Welfare and Institutions Code)
(f) Prior to making their appointments, the Governor and the governing bodies of counties shall request recommendations from professional organizations, from
organizations within the area representing persons with developmental disabilities, and from organizations and agencies within the area that deliver services to  these individuals.
* OFFICERS - Requires the State Council chair and vice chair, the chairs and
vice-chairs of its standing committees, and the chair of each Area Board to be a
person with a developmental disability or a parent, sibling, guardian, or conservator of a person with a developmental disability.
* ACTIVITIES - Specifies activities the State Council is required to conduct.
* AREA BOARD LINES - Requires the State Council to review Area Board geographic lines and requires a representative of any newly constituted Area Board to be added to the State Council.
* AREA BOARD COSTS - Incorporates Area Board costs into the State Council operating expenditures and requires each area board to provide the State Council with information necessary to prepare and account for the expenditure of its annual budget.
* STAFFING - Establishes a staffing structure for the State Council to include an executive director, three deputy directors, and an executive director of each area board, and establishes their appointment process.
* STATE PLAN ON DEVELOPMENTAL DISABILITIES - Requires that State Council to include in its state plan the federal funds allotted to each of the 13 Area Board, based on its review of the plans and budgets of each area board.  Modifies the elements of the required state developmental disabilities plan to be consistent with federal law and delineates the responsibilities of the State Council and the Area Boards in developing the plan.  Requires the plan to be provided to specified departments and agencies.
* FUNDING - Permits appropriation of nonfederal funds for the purposes of the State Council and Area Board activities. Appropriates the unencumbered funding for the Area Boards contained in the Budget Act of 2002 to the budget of the State Council on Developmental Disabilities, effective January 1, 2003.

BACKGROUND
* Current state law provides for a State Council on Developmental Disabilities, with 19 voting members appointed by the Governor, under the federal Developmental
Disabilities Assistance and Bill of Rights Act, to conduct activities related to
planning and monitoring services for persons with developmental disabilities. *
Current law also provides for "Area Boards" in 13 geographic areas of the state to
protect and advocate for the rights of persons with developmental disabilities and  in their geographic areas.  Each board consists of five members appointed by the Governor and additional members appointed by the governing boards of each county in the area.

NEXT STEPS
* Legislation takes effect on January 1, 2003.
 

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FOR MORE INFORMATION
Marty Omoto, Legislative Director
CA Coalition of United Cerebral Palsy Associations
1225 8th Street Suite 480 Sacramento, CA 95814
916/446-3204  FAX: 916/446-3206 email: martyomoto@rcip.com
Coalition Chair: Michael Williams (UCP of the Golden Gate)
Immediate Past Chair: Ron Cohen (UCP LA and Ventura Counties)