CA DISABILITY COMMUNITY ACTION
NETWORK
CAPITOL NEWS REPORT #207-2004
December 14, 2004 - Tuesday
Linking people to disability rights and
unified action
NEW Website location:
www.cdcan.us Toll-free info Lines Up
CALIFORNIA LEGISLATURE
* Several Bills Impacting People
with Disabilities/Seniors Introduced
* Daucher Introduces Olmstead
Related Bill On Inappropriate Placements
* Leslie Introduces Public
Accommodations Access Bill
* Bill Calling For Minimum Wage
Increase Introduced
* No Action On Any Bill Until
Mid-January At Earliest
SACRAMENTO - The California Legislature,
after swearing in new members last week, also introduced a total of 96
bills, including a bill about inappropriate placement of people with
disabilities and seniors in health facilities, legislation calling for
increase in the State minimum wage and legislation that may make changes
related to access to public accommodations by people with disabilities.
All three bills are likely to generate intense interest among people with
disabilities and seniors.
The Legislature also introduced 30 proposed
constitutional amendments and resolutions
The Legislature met for only one day
(December 7), before adjourning until January 3, 2005. No action will be
taken on any of the bills introduced last week until at least mid-January
or later. Many of the bills introduced so far include only intent
language and no actual provisions and will have major changes made
sometime next year before they are heard in committee. Some bills will
never get beyond the first stage of being simply introduced - and others
could become part of the 2005-2006 budget process. The 126 measures
introduced so far represent just a fraction that the Legislature will
consider next year - with the bulk of the over 2,900 bills introduced In
January and February (not counting resolutions and constitutional
amendments).
Some other bills or constitutional
amendments to watch include:
* A proposed constitutional amendment for a
two-year budget cycle by Assemblymember Ronald Calderon (D-Montebello,
58th District) ; and a proposed constitutional amendment making major
changes to the budget process that has almost no chance of passage in its
current form by Sen. Tom McClintock (R-Thousand Oaks, 19th District).
Note: these proposed constitutitional amendments - which require 2/3rds
vote of both houses to be placed on the next general or special election
ballot, are separate from those initiatives placed on the ballot through
signatures of voters.
* A bill to consolidate various state
agencies (but does not include in its current form, any agency or
department impacting people with disabilities or seniors, AB 53) was
introduced by Assemblymember Gloria Negrete McCleod (D-Chino, 61st
District).
NEXT STEPS
* Legislature reconvenes January 3, 2005 -
Monday
* Committee chairs have been appointed in
both houses (see previous CDCAN Capitol News Reports) but no committee
members have yet been appointed in either house yet.
* Legislative policy committees could hold
hearings on bills introduced in December, as early as the first week of
January - but more likely will not do so until late in the month (in part
because members have not yet been appointed) or in February at the
earliest. Budget committee hearings begin in early March - though
informational budget hearings could be held earlier depending on what the
Governor proposes.
* Gov. Schwarzenegger will deliver his 2nd
"State of the State" address to a joint session of the California
Legislature on January 5, 2005, at 5:00 PM and present his proposed budget
for 2005-2006 on or before January 10 (Monday), as required by the State
Constitution.
SUMMARY OF BILLS INTRODUCED
Below are bills impacting people with
disabilities and seniors introduced to date, by the California
Legislature. The bills are sorted by subject area, and within those
areas, by bill number (Assembly first). Note that the content of the bills
will change as the legislation moves forward next year. No action will be
taken on any of these bills until next year - mid-January at the very
earliest.
AMERICANS WITH DISABILITIES ACT &
OLMSTEAD DECISION BILLS
AB 10 - INAPPROPRIATE PLACEMENT OF PEOPLE
WITH DISABILITIES & SENIORS
AUTHOR: Assemblymember Lynn Daucher (R-Brea,
72nd District)
WHAT THIS BILL PROPOSES TO DO: Would
require all private and public health facilities licensed as general acute
care hospitals or skilled nursing facilities to take steps to comply with
the 1999 US Supreme Court Olmstead Decision (527 U.S. 581) that requires
the states to take measures to prevent the "unnecessary
institutionalization" of persons with disabilities and seniors. Would
require the Secretary of California Health and Human Agency to develop and
adopt a statewide uniform patient assessment and would require the health
facilities to adopt procedures that are in compliance with the uniform
patient assessment.
STATUS: Introduced December 6. May be heard
in committee on or after January 6, 2005.
NEXT STEPS: Bill needs to be assigned to a
policy committee - likely Assembly Human Services Committee.
HOW THIS IMPACTS PEOPLE WITH
DISABILITIES/SENIORS: This bills addresses the issue of uniform
assessments of the placement of people with disabilities and seniors in
health facilities to comply with the 1999 US Supreme Court Olmstead
Decision. This bill does not include assessments for people with
developmental disabilities in health facilities, which the author says is
adequately addressed in current law.
CDCAN COMMENT: Daucher was the chair of the
temporary Assembly Select Committee on Olmstead Implementation, which
went out of existence as of November 30. Advocates are urging Assembly
Speaker Fabian Nunez (D-Los Angeles) to continue the committee, which is
charged with reviewing California's implementation of the 1999 US Supreme
Court decision, but does not hear bills. Daucher's bill, which will
likely go through many changes even before its first hearing, is meant to
continue the efforts last year by Sen. Wes Chesbro (D-Arcata, 2nd
District) who authored SB 1365 that called for the establishment of a
state Olmstead Advisory Council to review the State's compliance with the
US Supreme Court decision. Gov. Schwarzenegger vetoed the bill in
September. Daucher also was the author of several special education bills
in the 2003-2004 session, at least two which were controversial, dividing
special education advocates.
AB 20 - PERSONS WITH DISABILITIES -
PUBLIC ACCOMMODATIONS
AUTHOR: Assemblymember Tim Leslie (R-Tahoe
City, 4th District)
WHAT THIS BILL PROPOSES TO DO: In its
current introduced form, the bill would only make "non-substantive,
technical changes" to state law relating to access to public
accommodations by persons with disabilities.
STATUS: Introduced December 6. May be heard
in committee on or after January 6, 2005.
NEXT STEPS: Bill needs to be assigned to a
policy committee, likely Assembly Judiciary Committee. Could also be
referred to a second policy committee, possibly Assembly Human Services
Committee.
HOW THIS IMPACTS PEOPLE WITH
DISABILITIES/SENIORS: The current form of the bill has no major
impact, but it is likely that major changes to current state law relating
to access to public facilities by persons with disabilities, will be
amended into this bill later next year.
CDCAN COMMENT: This bill will likely be
amended early next year to make substantive changes to current state law
impacting access to public accommodations by people with disabilities.
Leslie has introduced two previous bills in the last two years (AB 209,
which failed passage in Assembly Judiciary in 2003, and AB 2594, which
died in Assembly Judiciary Committee in the spring of 2004) along with
former Sen. Rico Oller (SB 69, which failed passage in Senate Judiciary in
2003). Some advocates believe those bills were efforts to reverse rights
gained by people with disabilities by restricting lawsuits to enforce
state laws regarding discrimination of persons with disabilities in public
facilities, businesses, and housing accommodations. Some small business
advocates however say that some lawsuits filed against small businesses
have not responsible and have caused great financial harm - a charge that
some disability advocates dispute. The issue is likely to come to a head
again, with this new bill next year, with possible support at some point
by the Governor.
COMMUNITY-BASED ORGANIZATIONS & DIRECT
CARE WORKERS BILLS
AB 48 - MINIMUM WAGE
AUTHOR: Assemblymember Sally Lieber (D-Santa
Clara, 22nd District)
WHAT THIS BILL PROPOSES TO DO:
This bill, in its current form, simply
states the intent of the Legislature to increase the State minimum wage
effective on and after January 1, 2005.
STATUS: Introduced December 6, 2004. May be
heard in committee on or after January 6, 2005.
NEXT STEPS: Bill needs to be assigned to a
policy committee, likely Assembly Labor and Employment Committee.
HOW THIS IMPACTS PEOPLE WITH
DISABILITIES/SENIORS: In its current form with only intent language, the
bill has no impact. However when actual language is amended into the bill
next year, the increase in the state minimum wage will have direct and
major impact to direct care workers providing support to children and
adults with developmental and other disabilities and seniors, and also
direct and major impact to community-based organizations who employ direct
care workers. Some advocates say that the bill will need to exempt these
community-based organizations - who rely on State reimbursements to fund
programs that the State depends on, or require the State to increase
reimbursements to cover any wage increases. These advocates claim that
without those provisions, any increase will mean another large cut to
services and programs, on top of previous State budget cuts and rate
freezes - and in addition to what many fear are more cuts in the 2005-2006
budget.
CDCAN COMMENT: Lieber introduced a bill, AB
2832, last session that called for raising the state minimum wage from the
current $6.75 per hour to $7.25 as of July 1, 2005 and increasing it to
$7.75 as of July 1, 2006. The bill passed in August 2004 by a strictly
party line vote of 22-14 in the Senate and 46-33 in the Assembly and was
vetoed by Gov. Schwarzenegger on September 18, 2004. Though not directly
related - but linked, is a class action federal lawsuit, pending in the US
9th Circuit Court of Appeals (Sanchez v. Johnson) that made the claim that
disparity in wages funded by the State for direct care workers in
community based services for people with developmental disabilities as
opposed to wages paid by the State to State workers in State run
institutions (Developmental Centers) is a major cause for unnecessary
institutionalization. The US 9th Circuit Court of Appeals heard the case
last week and a ruling is expected soon. If the Court rules in favor, and
the State does not appeal to the US Supreme Court or settle, the case
would be returned to the US Federal District Court in Oakland for further
action and possible trial.
HEALTH AND MEDI-CAL BILLS
AB 28 - MEDI-CAL - PROVIDER LIABILITY
PROTECTION
AUTHOR: Assemblymember Alan Nakanishi
(R-Lodi, 10th District)
WHAT THIS BILL PROPOSES TO DO:
In its current form, this bill would express
the Legislature's intent to ensure that Medi-Cal health care providers who
contract to provide medical services to underserved populations as agents
of the state are provided liability protection by the state. The bill
includes the intent of the Legislature that access to medical care for
indigent residents be improved by providing liability
protection to health care providers who offer
free quality medical services to underserved people in the State by
providing them with immunity.
STATUS: Introduced on December 6, 2004. Can
be heard in committee on or after January 6, 2005.
NEXT STEPS: Needs to be assigned to policy
committee, likely Assembly Health Committee.
HOW THIS IMPACTS PEOPLE WITH
DISABILITIES/SENIORS: Some advocates - and Nakanishi agrees, that a
significant
number of Californians who are either
Medi-Cal recipients or have no health care insurance are unable to access
needed health care because providers fear the increased risk of medical
malpractice liability.
ACR 1 - STEM CELL RESEARCH OVERSIGHT
CONFLICT OF INTEREST STANDARDS
AUTHOR: Assemblymember Gloria Negrete McCleod
(D-Chino, 61st District)
WHAT THIS RESOLUTION CALLS FOR: Would urge
the Independent Citizen's Oversight Committee established pursuant to
Proposition 71 approved by the voters at the November 2, 2004, general
election, to adopt strong conflict-of-interest standards for itself and
for the members of its working groups, to comply with provisions of
current State law relating to open meetings of public agencies and public
records, and to report to the Legislature by April 1, 2005.
STATUS: Introduced December 6, 2004. May be
heard in committee on or after January 6, 2005.
NEXT STEPS: Needs to be assigned to policy
committee, likely Assembly Health Committee.
HOW THIS IMPACTS PEOPLE WITH DISABILITIES &
SENIORS: No major or direct impact, in part because even if this passes,
it is only a resolution by the Legislature. However the issue of the work
of the Independent Citizens Oversight Committee is critical - and some
advocates believe strongly that its work must be open and comply with
State open meet and public record laws.
CDCAN COMMENT: California voters passed
overwhelmingly, Proposition 71 on November 2 by the final vote of
7,018,059
(59.1%) for, and 4,867,090 (40.9%) against.
Though President George W. Bush and officially the California Republican
Party opposed the measure, Gov. Schwarzenegger supported the ballot
initiative. Proposition 71 was supported by Democrats in both houses of
the Legislature - and originally pushed by Sen. Deborah Ortiz
(D-Sacramento, 6th District) .
SB 23 - MEDI-CAL AND HEALTHY FAMILIES
AUTHOR: Sen. Carole Migden (D-San Francisco,
WHAT THIS BILL PROPOSES TO DO: Would
require the Managed Risk Medical Insurance Board to develop an
informational document about the Healthy Families Program and Medi-Cal.
Would require the Employment Development Department to notify employers
who would be required to provide the notice to their employees. Would also
require the Managed Risk Medical Insurance Board to establish a process
that would allow an employer to elect to allow employees to have the
family contribution payments for health care coverage under the Healthy
Families Program deducted from the employee's pay and transmitted to the
board by the employer, or to have the contribution payments transferred
from a designated financial institution to the Managed Risk Medical
Insurance Board. Would require the Department of Health Services to work
with the Managed Risk Medical Insurance Board to implement outreach and
marketing to encourage participation of both the Healthy Families and
Medi-Cal programs and to annually evaluate the effectiveness of the
outreach and marketing through December 31, 2007, and to report to the
Legislature.
STATUS: Introduced December 6, 2004. May be
heard in committee on or after January 6, 2005.
NEXT STEPS: Needs to be assigned to policy
committee - likely Assembly Health Committee.
HOW THIS BILL IMPACTS PEOPLE WITH
DISABILITIES & SENIORS: As introduced, the bill would have some impact
for children and adults with disabilities or seniors who might be
eligible, but for various reasons were not previously enrolled in
Medi-Cal, or possibly increase enrollment for children under 19 years in
the Healthy Families program. Some of those children (and their parents)
could be people with disabilities or mental health needs who might not be
eligible for Medi-Cal for various reasons.
HOUSING BILLS
AB 63 - HOME IMPROVEMENT LOAN FOR SENIORS
& PEOPLE WITH DISABILITIES
AUTHOR: Assemblymember Audra Strickland
(R-Thousand Oaks, 37th District)
WHAT THIS BILL PROPOSES TO DO: In its
current introduced form, would establish within the Department of Housing
and Community Development the "Elderly and Disabled Persons' Revolving
Home Improvement Loan Program. The program would provide grants to local
public agencies or nonprofit corporations, or to provide no-interest home
improvement loans (maximum $5,000) to qualified low- and moderate-income
seniors and persons with disabilities to assist them with daily activities
and prevent injury and to allow them to remain safely in their own homes.
STATUS: Introduced December 9, 2004. May be
heard in committee on or after January 10, 2005.
NEXT STEPS: Needs to be assigned to policy
committee, likely Assembly Housing and Community Development Committee.
HOW THIS IMPACTS PEOPLE WITH DISABILITIES &
SENIORS: The bill, similar to Sen. Margett's SB 120 of 2003-2004, will
help seniors and people with disabilities with financial assistance to
make home improvements to help assist in their daily living activities and
to help with safety or to prevent injury (including possibly bathroom
handrails, wheelchair ramps). The Department of Aging and the California
Association of Area Agencies on Aging would be consulted by the Department
Housing and Community Development in the development of this program.
CDCAN COMMENT: Current State law already
authorizes the Department of Housing and Community Development to make
grants to nonprofit housing sponsors and local public entities for
operating, administrative, and other expenses of planning, constructing,
rehabilitating, and operating assisted housing and to make grants to
housing sponsors for the benefit of residents of assisted housing and
establishes the Senior Housing Information and Support Center within the
Department of Aging to provide information and training, including
housing options and home modification alternatives designed to support
independent living.
FOR MORE INFORMATION ABOUT CA
DISABILITY COMMUNITY ACTION NETWORK
URGENT - CONTRIBUTIONS
NEEDED TO CONTINUE EFFORT
Many many, thanks again, to the
friends, people with disabilities and their families, community
organizations and others who have sent in generous and needed
contributions and donations. Contributions from people and organizations
is very urgently needed to keep the advocacy efforts going for the next
several months, as we work to establish non-profit status which we are
working on.. Apologies to anyone who have not yet received a thank you -
email, letters, calls have been overwhelming! Your help is needed though
to keep the effort going!
Please make check or money
order to: California Disability Community Action Network (or abbreviate
CDCAN). A method to contribute by credit card (through Paypal) is NOW set
up on our website, at www.cdcan.us [new site address] Send contributions
to: California Disability Community Action Network, 1225 8th Street Suite
#480, Sacramento, CA 95814.
* Who Is CDCAN?
The California Disability
Community Action Network is a non-partisan link to thousands of
Californians with developmental and other disabilities, people with
traumatic brain and other injures, seniors and their families, community
organizations and providers, direct care and other workers, and other
advocates.
These action alerts and news
reports is for all of them. In addition it also goes to news
organizations, state and local government officials and staff.
* How To Receive CDCAN Capitol
News Reports and Alerts
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 OR sign up via the
NEW CDCAN website at
www.cdcan.us 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!
* How To Contact CDCAN
Marty Omoto, director/organizer
WEBSITE: www.cdcan.us [new address]
1225 8th Street Suite 480
Sacramento, CA 95814 VOICE PHONE: 916/446-0013
FAX number: 916/446-0026
email: martyomoto@rcip.com
