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ASSEMBLY PASSES BUDGET AFTER 28 HOUR SESSION |
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CALIFORNIA
UCP CAPITOL REPORT #115-2003
JULY 29,
2003 - Tuesday late afternoon
ASSEMBLY PASSES SENATE VERSION OF BUDGET AFTER GRUELING 28 HOUR SESSION;
BUDGET NOW HEADS TO GOV
A reluctant Assembly, after a grueling history-making 27 hour marathon
session that began at 12 noon Monday and continued Tuesday afternoon past
4 PM, finally approved the Senate version of the 2003-2004 budget (AB
1765) without any changes, by an initial vote of 56-22 with 1 absention
and 1 member absent due to illness. The 28 hour Assembly session is the
longest Assembly legislative session in California history.
While the roll call is still open, as of this writing and the vote total
can change, the initial vote had 11 Republicans and 45 Democrats
supporting the budget. Those opposed were 20 Republicans and 2
Democrat
Assembly Speaker Herb Wesson (D-Culver City), looking worn after the long
session, said that "this is not a budget that the Assembly Democrats like.
We would have preferred a balanced approach. This is a budget that will
hurt people, and will create a $8 billion problem next year. But
California needs a budget, we need a budget to pay our bills. We need a
budget to keep our schools open...That is why I decided yesterday for us
to work around the clock. We have jeopardized the health for seniors,
insurance for our young people, and made it more difficult for local
government."
The budget bill - and related legislation (referred to as "budget trailer
bills), which were also all approved, or in the process of being approved,
without changes, and will now head to Governor Gray Davis. The Assembly
also passed other budget related bills - none that impact people with
disabilities - which will need approval from the Senate when they return
in August. The Democratic Governor, who is facing an historic recall
election this fall, is expected to quickly approve the budget and is not
likely to use his line item veto power.
The budget bill was first brought up for a vote at 12:20 AM Tuesday
morning, with only 3 members rising to speak on spending plan. An initial
vote on the bill failed to get the necessary 2/3rds votes, getting only 45
aye votes, with 31 members, including 6 Democrats, opposing. Over 9 hours
later, the roll call was called again, with only 46 aye votes and 28
notes, with 5 members abstaining. One member, Assemblyman Marco Firebaugh
(D-East Los Angeles) was absent from the Assembly session due to illness.
Finally, at 3:20 PM, the Tuesday afternoon, the budget bill was finally
passed with the necessary 2/3rds vote.
As previously reported in the CA UCP Capitol Report #111-2003 Sunday
evening, the Senate version of the budget - hammered together by Senate
President Pro Tem John Burton (D-San Francisco) and Senate Republican
Leader Jim Brulte (R-Rancho Cucamonga) called for additional spending cuts
in higher education, health and human services, with no tax increases.
However at the insistence of the Senate Democrats led by Burton, the
massive cuts to Medi-Cal, SSI/SSP, community-based services impacting
people with developmental and other disabilities, originally proposed in
January by Governor Davis (and later again proposed by Assembly and Senate
Republicans earlier this month) were rejected. [Note: a complete
summary of all actions in the budget bill will be reported in the next CA
UCP Capitol Report, #116-2003 later today]
*
Statewide standards the originally proposed which advocates claimed would
have eliminated rights and imposed major limitations on what services and
supports a person with developmental disabilities and their families could
receive (referred to as "statewide purchase of service standards) was also
rejected.
*
Medi-Cal provider rate reductions of 5%, though nursing homes,
intermediate care facilities for the developmentally disabled (ICF/DDs),
adult day health centers, and other long term care related services were
exempted from this cut.
*
SSI/SSP cost of living adjustment scheduled for January 2004 was suspended
(newspaper reports were incorrect saying this was restored), but the
Governor's original proposal to roll back grants to the bare minimum
permitted by the Federal government, was rejected.
*
However, the 2003-2004 budget as passed by both houses comes with a heavy
price tag, a $8 billion deficit, with less options available to close that
gap next year - other than massive spending cuts or new revenues.
ROLL
CALL OF THOSE ASSEMBLYMEMBERS ON THE SENATE VERSION OF THE BUDGET BILL
PASSED BY THE ASSEMBLY JULY 29 3:20 PM
Note: the vote totals can change as the roll call, as of this writing is
still open, however the result will not change.
ASSEMBLYMEMBERS WHO SUPPORTED THE BUDGET BILL (AS OF NOW):
TOTAL SO FAR: 56 (54 needed for passage)
The following Democrats supported the budget (Total Democrats: 45)
Berg, Bermudez, Calderon, Chan, Chavez, Chu, Cohn, Corbett, Correa, Diaz,
Dymally, Frommer, Goldberg, Hancock, Jerome Horton, Jackson, Kehoe, Koretz,
Laird, Leno, Levine, Lieber, Liu, Longville, Lowenthal, Matthews, Montanez,
Mullin, Nakano, Nation, Negrete-McLeod, Nunez, Oropeza, Parra, Pavely,
Reyes, Ridley-Thomas, Salinas, Simitian, Steinberg, Vargas, Assembly
Speaker Wesson, Wiggins, Wolk and Yee
The following Republicans supported the budget (Total Republicans: 11)
Aghazarian, Benoit, Cogdill, Cox, Daucher, Dutton, Harman, Shirley Horton,
Houston, and Leslie, Maze
ASSEMBLYMEMBERS WHO OPPOSED THE BUDGET BILL (AS OF NOW):
TOTAL SO FAR: 22
The following Democrats opposed the budget bill: (Total Democrats: 2)
Canciamilla, Dutra
The following Republicans opposed the budget bill: (Total Republicans: 20)
Bates, Bogh, Campbell, Garcia, Haynes, Keene, La Malfa, La Suer,
Maldonaldo, McCarthy, Mountjoy, Nakanishi, Pacheco, Plescia, Richman,
Runner, Samuelian, Spitzer, Strickland, and Wyland
ASSEMBLY MEMBERS ABSENT DUE TO ILLNESS:
TOTAL SO FAR: 1
Firebaugh (D)
ASSEMBLYMEMBERS NOT VOTING (AS OF NOW):
TOTAL SO FAR: 1 (both Republicans)
Maddox (R)
NEXT
STEPS
*
SENATE: the Senate adjourned Sunday evening (7/27) just after 9 PM for
their summer recess, and will not return to Sacramento until August 18,
Monday afternoon.
*
ASSEMBLY: The Assembly will adjourn Tuesday afternoon once they complete
final voting on budget related bills for their summer recess and will not
return to Sacramento until August 18, Monday.
*
GOVERNOR: the spotlight on the budget now returns to the Governor, who is
likely to approve the budget bill sometime this week. Approval of the
other budget related bills will follow - but it is the main budget bill
that is critical for immdiate enactment to give the State the authority to
pay its bills.
FOR
MORE INFORMATION ABOUT THIS REPORT
* This is a report for Californians with developmental (& other
disabilities), families, providers and other advocates, from the
California Coalition of United Cerebral Palsy Associations, a link to the
California Community Advocacy Network.
* If you would like to get on this distribution (and conversely, get off
of it) please send an email with that request to: martyomoto@rcip.com.
Sharing information is part of our organizing effort. Please feel free to
forward or copy this (attribution is nice). We're all in this together!
Marty Omoto, advocate/brother of Alana, sister with developmental
disabilities
CA Coalition of United Cerebral Palsy Associations
1225 8th Street Suite 480 Sacramento, CA 95814 916/446-0013 (NEW phone
number!)
NEW fax number: 916/446-0026 email: martyomoto@rcip.com
Coalition Chair: Philip Ksarjian (UCP of Greater Sacramento)
Past Chair: Ron Cohen (UCP of LA, Ventura and Santa Barbara Counties)
SAVE THE DATE: AUGUST 20TH LANTERMAN UNIFIED ACTION MEETING - THE WHOLE
WORLD IS WATCHING! |

CALIFORNIA
UCP CAPITOL REPORT #111-2003
JULY 28,
2003 - Early Monday morning
Summary of Senate Floor Remarks On Budget;
Burton Says Seniors, People with Disabilities, the Blind and Poor Were
"Core Concerns"
As reported Sunday evening (7/27/03), the State Senate voted 27-10, to
pass the compromise budget proposal (AB 1765) which avoided devastating
cuts impacting people with developmental and other disabilities, that was
put together by Senate President Pro Tem John Burton (D-San Francisco) and
Senate Republican Leader Jim Brulte (R-Rancho Cucamonga). With California
now 27 days without a budget, the spending plan now heads to the State
Assembly, where it will be taken up for a vote probably early this coming
week. This special addendum to the UCP Capitol Report #110-2003, gives
the verbatim remarks made on the Senate Floor. Only four members spoke,
since the outcome of the proposal was not a surprise.
REMARKS ON THE SENATE FLOOR REGARDING BUDGET PROPOSAL
Senate President Pro Tem John Burton (D-San Francisco):"This is
the budget for the State of California - revenues and transfers of $72.8
billion, expenditures of $70.8 billion, which is $837 million less than
the previous Senate version, which had made cuts in what was the current
year of close to...$13 to $14 billion. There is something in here for
almost everybody to hate. There are some things for some of us to like -
on the Republican side, which was clear from day one that they were
absolutely opposed to doing anything for revenues to pay for deficit
reduction bonds, not new programs, but deficit reduction bonds. We
[Senate Democrats] were very concerned that this budget not be loaded
on the backs of aged, blind and disabled and the single mothers with poor
children. Both of us [Sen. Brulte and him], on those two issues,
got our way. Everything else is fairly difficult - we were able to protect
some children's programs. We were able to maintain some of the Medi-Cal
optional benefits and Medi-Cal eligibility...We made serious cuts up and
down the line in every conceivable program. We walked in this year with
about...$38 billion in the hole. We go into next year with less money than
what was in the Governor's May Revise, which was one of the conditions
that the Republicans had as well as what the Governor wanted. This is not
a budget to be proud of, except for the fact that the people of the state
expect a budget to be passed. They expect bills to be paid and this does
that. We could end up holding out for various small parts of what we want
to achieve - each party. In the meantime, community colleges would not be
funded, child care providers would not be funded, other people that
provide very important services for the people of the State of California
would not be funded. State employees would not be funded at their level.
We would be looking a severe cuts to public safety, local government and
the highway patrol. It was felt by a majority of our party [Senate
Democrats], it was felt by the Republican leadership that it's
important for us to do a job even if it's distasteful. And this one is
about as distasteful as any budget I have ever been called to vote
on....I ask my colleagues to vote for it because it's the best we can do.
We did protect our core concerns, which are the people without the help of
the government, would find themselves literally out on the streets or
starving. It means the difference for old folks to be having tuna fish
instead of cat food. It means a mother with children can at least try to
provide for their kids. It means that these mothers who are trying to get
off of CalWORKS and into the job market will still have programs made
available to them. And I would strongly urge an aye vote on this budget
that I know many of my Democratic colleagues if not all, are going to
swallow hard, as I am, to vote for it. Part of our responsibility is to do
that which is tough...This is a tough vote."
Sen. Tom McClintock (R-Thousand Oaks): "Three years ago when the
2000 budget passed the legislature with overwhelming majority, as I warned
and I quote 'if lawmakers don't take a strong stand now to control
spending, they are setting California up for some very harsh choices and
hard times just around the corner.' Two years ago, when the 2001 budget
was taken up in the Senate, I warned that the continued absence of
structural reforms in the budget would ratify policies that were
bankrupting our finances. Last year when the 2002 budget was taken up in
the Senate, I warned that the budget set in motion events that would
require the next legislature, to quote 'address a continued hemorrhage of
red ink with fewer options and weakened economy' unquote. And today I tell
you this: the budget now before us is a rotting porch just waiting to
collapse. It rests on two decayed pillars that cannot stand. The illegal
tripling of the car tax and the illegal borrowing of billions of dollars
for on-going expenses with a vote of the people...This illegal action is
now being challenged in court. And mark my words - the state will be
ordered to refund this money, plus interest. If you pass a budget that
spends this money, you will have blown a multi-billion hole in future
budgets. The second rotting pillar of this porch is the borrowing of $13
billion for on-going state obligations, in direct violation of Article XVI
of the State Constitution. It doesn't matter what general fund revenue
streams you dedicate to its repayment. This is a general obligation of the
State and general obligation debt cannot be used for on-going expenses and
it must be submitted to the people and that is the State Constitution. We
have already been placed on notice that this action will also be
challenged in court and it too will collapse... Now I believe Sen. Brulte
when he says that this is the best budget he feels he could negotiate,
given the current membership of this legislature, and the current
structure of our service delivery systems. But here's the problem: the
current structure of our service delivery systems is completely shot. You
got to change those systems. We can bridge the gap - but we'll have to be
willing right now, to close obsolete offices, eliminate agencies that
have overlapping jurisdictions, decentralize service systems and restore
local control over those systems...We can no longer delay prevailing wage
reform, welfare reform, Medi-Cal reform and worker's compensation reform.
And every time that I, and Sen. Brulte and others have made these
proposals we've been told year end and year out that there's no time and
we just have to talk about them next year. Now I realize we are making
some steps forward...and we're at least talking about some structural
reforms. But I've heard promises of bureaucratic reform before and they
all go away once the budget is passed. This might be best what the
Legislature can do, but it is no where close to the best that can be done,
and it is no where close to the best that needs to be done. So mark my
words - this budget solves nothing. It sets in motion bigger deficits to
come. The day that it is signed, will be the first day of the budget
crisis of 2004."
Sen. Bruce McPherson (R-Santa Cruz):"There are so many things
that I don't like about this budget, that I don't really want to talk
about them, so I won't. But I am going to tell you a couple of reasons why
I am going to vote for it tonight. Number one, is that it doesn't suspend
Proposition 98 for our public education system. Number two, when one
includes deficiency payments in this year's budget, the budget we are
talking about tonight would actually spend less, as proposed. Number
three, this budget contains no new general tax increases. Number four,
this budget is better than anything that has come before us, it certainly
is not perfect...But every day of delay is costing California millions of
dollars and our bond rating has gone in the tank. Perhaps one side or the
other could get alittle more if we waited alittle longer. But in the
meantime, in light of our California Community Colleges, the child care
system, and other agencies just about ready to fall apart if we don't do
something very, very soon, we're going to see the collapse in some of
the basic structure of what makes California makes. Those are four simple
reasons, but that's why I am voting for the budget tonight."
Senate Republican Leader Jim Brulte (R-Rancho Cucamonga): "I
rise to support this budget, not because I like it, in fact I don't.
There's a lot in here that's very distasteful to me. I don't like the fact
that Governor Davis proposed in May that we finance the deficit that was
from last fiscal year, over five years. I don't like the fact that we are
going to borrow money to do that over five years. I don't like the fact
that this budget next year has a structural deficit of below $7.9 billion.
But when the Governor in May provided us his budget, he proposed $8
billion in tax increases. He proposed to finance his deficit over 5 years
with a sales tax increase, and he presented us a budget that has a
structural deficit next year of $7.9 billion. Now, when you are in the
minority, you not only have to fight the Legislature, you have to fight a
Governor. The good news for Republicans is that this budget doesn't
contain tax increases. We were able to kill the tax increases the Governor
proposed. We couldn't kill his car tax. We think he illegally tripled it.
We're going to court. We think we are going to win on that. We were able
to get the out year deficit [for 2004-05] below his [the
Governor]. We did it not by borrowing money or raising the sales tax.
We did it by getting additional reductions in the current year as well as
the 04-05 budget year. So I'm going to vote for this budget because I
actually think this is the best we can do. Let me say to my liberal
friends, I know there are some of you who don't want to vote for this
budget because you weren't able to force us to raise taxes. And I
appreciate that fact. And I know there are people around this building who
believe that if only John Burton and you all held out, you would get us to
vote for tax increases. But we're never voting for tax increases. This
budget was never going to pass with tax increases. Some of my conservative
friends believed that if only we held out alittle bit longer, we could get
you [Senate Democrats] to vote for some more spending reductions.
I've known John Burton for 13 years now. And when earlier this week he
said 'Enough! We're not cutting anymore spending!' I believed him. So this
budget should pass tonight, because its a product that can get 27 votes.
And I know the could-have, should-have, would-have crowd - people who
don't know how to cobble together 27 votes, will have all the great
theories about how this budget could have been better. Some of them will
be on the Left, and some of them will be on the Right. Heck, we got a
couple of guys in the Assembly [Assemblymen Canciamilla (D) and
Richman (R)] who put their own budget together. They got two votes for
it. Well, that's all right. 52 [votes] short over there. 27
[votes] short over here. We could put together a budget that our guys
[Senate Republicans] could support. You put together a budget that
you would support. But as long as the rules say it takes 27, it takes
bi-partisan cooperation. I think this is the best that can be done...Mr.
McClintock is right, this car tax is illegal, and if he should be elected
Governor, I know that the first day in office, he's going to repeal it
[laughter]. And Tom, I haven't decided who I'm going to vote for
governor, so I'm still available [more laughter]. So this is where
we are today. There's some good things in here for Republicans. There are
no tax increases. We got mid-year cut authority for the governor, so if he
over spends in one area, he can cut some place else, rather than just
overspending and then coming to us and telling us we have to pay for it.
There is some structural reform - not enough...we did get Sen.
McClintock's BRAC [Bureaucracy Realignment and Closure Commission in
SB 9] program that we'll actually take a look at it. And we took some
language from the Reason Foundation, to see if we can take a look at how
government really operates and how we do our budgeting. Do I like this
budget? Absolutely not. But I do not believe that a $38 billion deficit
that was created over 3 years can be eliminated in one year. So Mr.
McClintock is right, when this budget passes, and it will pass this floor
tonight, if this budget is signed into law by the Governor, we need to
come back, redouble our efforts because its time to take additional
spending reductions, because that's what we're going to have to do to make
next year's budget balanced. I ask for an aye vote."
Note: Sen. Burton, in closing, simply asked for an "aye vote" on the bill.
Votes in favor of the budget: (27, 23 Democrats and 4 Republicans)
Alpert (D), Ashburn (R), Bowen (D), Brulte (R), Burton (D), Cedillo (D),
Chesbro (D), Ducheny (D), Dunn (D), Escutia (D), Figueroa (D), Florez (D),
Johnson (R), Karnette (D), Knight (R), Kuehl (D), Machado (D), McPherson
(R), Murray (D), Ortiz (D), Perata (D), Romero (D), Scott (D), Sher (D),
Speier (D), Torlakson (D), Vincent (D)
Votes against the budget: (10, all Republicans)
Aanestad (R), Ackerman (R), Battin (R), Denham (R), Hollingsworth (R),
Margett (R), McClintock (R), Morrow (R), Oller (R)
Absent or Not Voting: (3, all Democrats)
Alarcon (D), Soto (D), Vasconcellos (D)
LIST OF BUDGET AND BUDGET TRAILER BILLS PASSED BY SENATE
Note: The bolded italic bills are those impacting people with
developmental or other disabilities. The bolded bill is the main budget
bill.
AB 1765 2003-2004 Budget Bill (the actual budget bill)
AB
7X CA Fiscal Recovery Act (bonds to cover deficit)
AB
1747 Natural Resources Omnibus Trailer Bill
AB
1748 Statutory language for implementation of Prop 50
AB
1749 Booking Fees (counties and local agencies)
AB
1750 Transportation Trailer Bill which partially suspends Prop 42
AB
1751 Transportation Trailer Bill - Prop 42 expenditures/repayments
AB
1752 Human Services Trailer inc SSI/SSP, Work Activity/Supported
Employment
AB
1753 Transfer of Habilitation Program from Dept of Rehab to Dept of
Developmental Services (effective 7/1/04)
AB
1754 Education Trailer Bill for K-12 and Higher Education
AB
1755 General Government/Redevelopment Property Tax Transfer
AB
1756 General Government Omnibus Trailer
AB
1757 Eliminates Office of Criminal Justice Planning and Technology,
Trade
and Commerce Agency effective 1/1/2004 transfers
responsibilities
AB
1758 Trailer Bill - Dept of Corrections, Dept of Youth Authority
AB
1759 Trial Court Security, fees, etc.
AB
1761 2002 Budget Deficiency Bill ($70,774,000 for Dept of Corrections
and
$48,293,000 for Dept of Social Services (IHSS)
AB
1762 Health Trailer Bill inc Medi-Cal, Developmental Ser, Mental Health
AB
1763 Rural Health Demonstration Projects/to obtain 65% federal match for
Prop 99 funds from unallocated account)
AB
1766 Transfer to replace suspension of local sales tax rate
AB
1768 Sets asides funds to repay the vehicle license fee "backfill"
SB
9 Bureaucracy Realignment and Closure Commission (BRAC)
SB
1082 Enacts pilot project for "Performance Budgeting" (Reason
Foundation)
NEXT STEPS
The
Senate budget deal as announced by Sen. Burton and Sen. Brulte on Thursday
was a major breakthrough, with passage in the Senate Sunday a major step
in ending the budget stalemate. See CA UCP Capitol Report 110-2003,
July 27, for details on next steps in both houses and the Governor.
WHAT DOES THIS ALL MEAN
*
California is now 28 days without a budget - and the impact of no budget
is growing daily as more and more people who need programs and services
and workers are affected, but it now seems likely the budget stalemate
will end before the end of this month.
FOR
MORE INFORMATION ABOUT THIS REPORT
* This is a report for Californians with developmental (& other
disabilities), families, providers and other advocates, from the
California Coalition of United Cerebral Palsy Associations, a link to the
California Community Advocacy Network.
* If you would like to get on this distribution (and conversely, get off
of it) please send an email with that request to: martyomoto@rcip.com.
Sharing information is part of our organizing effort. Please feel free to
forward or copy this (attribution is nice). We're all in this together!
Marty Omoto, advocate/brother of Alana, sister with developmental
disabilities
CA Coalition of United Cerebral Palsy Associations
1225 8th Street Suite 480 Sacramento, CA 95814 916/446-0013 (NEW phone
number!)
NEW fax number: 916/446-0026 email: martyomoto@rcip.com
Coalition Chair: Philip Ksarjian (UCP of Greater Sacramento)
Past Chair: Ron Cohen (UCP of LA, Ventura and Santa Barbara Counties)
SAVE THE DATE: AUGUST 20TH LANTERMAN UNIFIED ACTION MEETING - THE WHOLE
WORLD IS WATCHING! |
Last Updated on
04/14/04
webmaster@namiscc.org
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