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Legislative Budget Subcommittees Reject IHSS,
SSI/SSP Cuts |
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CA
DISABILITY COMMUNITY ACTION NETWORK
CAPITOL NEWS REPORT - ISSUE #94-2004
Linking
people to disability rights Website now up: www.cdcan.org
May 21, 2004 -
Friday early morning
LEGISLATIVE BUDGET SUBCOMMITTEES TAKE INITIAL STEPS IN REJECTING
GOVERNOR'S PROPOSED CUTS TO IN-HOME SUPPORTIVE SERVICES AND SSI/SSP
Assembly Budget Subcommittee Rejects Standards to Limit RC
Services
(See full story below IHSS story).
SENATE
PRESIDENT JOHN BURTON SAYS GOVERNOR'S BUDGET CUTS TO SERVICES FOR PEOPLE
WITH DISABILITIES, SENIORS AND THE POOR "UNWORTHY OF CALIFORNIA" -
PROMISES FIGHT (See full story below IHSS
and RC stories)
SACRAMENTO -
Both the Assembly and Senate Budget Subcommittees took significant initial
steps Thursday afternoon (May 20) toward fully rejecting Governor Arnold
Schwarzenegger's proposed cuts to In-Home Services for people with
developmental and other disabilities and seniors, and also cuts to
Supplemental Security Income/State Supplement Program (SSI/SSP) that
provide grants also critical to people with disabilities and seniors.
[see separate CDCAN Capitol News Report #95-2004, and #96-2004 on what
actions were taken impacting regional center funded community-based
services in the Assembly Budget Subcommittee, and also on the huge march
and rally for disability rights, also held on May 20th]
While the
actions are not final and need approval by the full Senate and Assembly,
it represents the first concrete steps by the Legislature to oppose the
Governor's major cuts impacting people with developmental and other
disabilities and seniors.
Both the
Senate Budget Subcommittee #3 on Health, Human Services, Labor and Veteran
Affairs, chaired by Sen. Wes Chesbro (D-Arcata, 2nd District) and the
Assembly Budget Subcommittee #1 on Health and Human Services, chaired by
Assemblymember Mervyn Dymally (D-Compton, 52nd District) held hearings
Thursday afternoon and took the following action related to In-Home
Supportive Services (IHSS) and SSI/SSP:
SUPPLEMENTAL SECURITY INCOME/STATE SUPPLEMENTAL PROGRAM (SSI/SSP)
What the
Governor Proposes: The Governor's January proposed budget for
2004-2005 called for the suspension of withhold the federal cost of living
adjustment ($76.3 million in state general fund savings - or a cut to SS/SSP
recipients) due in January 2005; and also to suspend the state cost of
living adjustment (cut to SSI/SSP recipients of $71.1 million) due this
year.
What the
Legislature Has Done as of 5/20/04:
* The Senate
Budget Subcommittee #3 voted 3-0 to reject the Governor's proposal to
eliminate the federal cost of living adjustment pass-through and the
suspension of the state cost of living adjustment and restore funding in
the 2004-2005 budget.
Roll Call Vote
5/20/04: Senators Chesbro (D-Arcata, 2nd District), Gil Cedillo (D-Los
Angeles, 22nd District), Deborah Ortiz (D-Sacramento, 6th District), all
voting AYE.
Sen. Tom
McClintock (R-Thousand Oaks, 19th District) and Bruce McPherson (R-Santa
Cruz, 15th District) were not present when the vote was taken - coming
into the hearing afterwards. They can add their votes to actions taken by
the subcommittee - but it is not known as of this writing how they voted.
Their votes would not change the outcome however.
* The Assembly
Budget Subcommittee #1 took the same action as the Senate's, at their
hearing May 20
Roll Call Vote
5/20/04: Assemblmembers Dymally (D-Compton, 52nd District) , Loni
Hancock (D-Berkeley, 14th District) and John Laird (D-Santa Cruz, 27th
District) voting AYE.
Assemblymembers
Robert Pacheco (R-Walnut, 60th District) and Ray Haynes (R-Murrieta, 66th
District) were not present and did NOT vote.
What Does The
Legislature's Actions Mean as of 5/20/04: This is a first initial step
- and a initial major victory - in a long process.
Who This
Impacts: About 1.2 million Californians receive SSI/SSP - about
740,000 of whom are seniors, Blind or people with developmental and other
disabilities.
Next Steps In
Legislative Budget Process: The actions by both subcommittees will be
approved next week by the full budget committees in both houses. In
theory, because both houses exactly agree on rejecting the Governor's
proposal, this issue should not go to the joint budget conference
committee. That special committee, which could meet as early as next
week, is made up of 2 Democrats and 1 Republican from both the Assembly
and Senate to resolve any differences in actions taken. However the
Schwarzenegger Administration could request - as Governor Davis'
Administration did last year, for certain issues, even if both houses
agreed, to be brought up in the budget conference committee.
IHSS
PROVIDER (WORKER) WAGES
What the
Governor Proposes: To reduce the State's contribution in IHSS worker
wages and benefits from the current $10.10, (that is also funded with
county and federal funds) to the state minimum wage of $6.75, cutting
over $301.6 million from the IHSS budget ($98 million of that is state
general fund) for 2004-2005. The Governor's proposal would over-ride
previous legislation passed in 1999 promising IHSS workers increase in
wages.
What the
Legislature Has Done as of 5/20/04:
* The Assembly
Budget Subcommittee #1 previously voted to reject the Governor's proposal
and restore funding on this IHSS worker wages at a previous hearing held
on April 28 by a vote of 3-0.
Roll Call Vote
4/28/04: Assemblymembers Dymally (D-Compton, 52nd District) , Loni
Hancock (D-Berkeley, 14th District) and John Laird (D-Santa Cruz, 27th
District) voting AYE.
Assemblymembers
Robert Pacheco (R-Walnut, 60th District) and Ray Haynes (R-Murrieta, 66th
District) were not present and did NOT vote.
* The Senate
Budget Subcommittee #3 took the same action at their hearing on yesterday,
May 20.
Roll Call Vote
5/20/04: Senators Chesbro (D-Arcata, 2nd District), Gil Cedillo (D-Los
Angeles, 22nd District), Deborah Ortiz (D-Sacramento, 6th District), all
voting AYE.
Sen. Tom
McClintock (R-Thousand Oaks, 19th District) and Bruce McPherson (R-Santa
Cruz, 15th District) were not present when the vote was taken - coming
into the hearing afterwards. They can add their votes to actions taken by
the subcommittee - but it is not known as of this writing how they voted.
Their votes would not change the outcome however.
What Does The
Legislature's Actions Mean as of 5/20/04: This is a first initial step
- and initial victory - in a long process. It is not the final step, nor
does it mean the IHSS program worker wages are safe yet. Like the NBA
basketball play-offs, where there are a series of play-off games before
reaching the final game that decides who is the champion - the state
budget process has a series of actions - all which lead up to final votes
by all 80 members of the Assembly and 40 members of the Senate, capped by
approval of the Governor. Barring a stalemate, a budget is supposed to be
passed and signed into law no later than June 30 (actually the State
Constitution has an earlier requirement, which has been routinely
ignored).
Who This
Impacts: Tens of thousands of children and adults with developmental
and other disabilities, seniors who need in-home services. Advocates
claimed that those persons would lose critically needed services because
thousands of workers would leave the program if wages were rolled back.
Next Steps In
Legislative Budget Process:
* The actions by
both subcommittees will be approved next week by the full budget
committees in both houses. In theory, because both houses exactly agree
on rejecting the Governor's proposal, this issue should not go to the
joint budget conference committee.
* That special
committee, which could meet as early as next week, is made up of 2
Democrats and 1 Republican from both the Assembly and Senate to resolve
any differences in actions taken. However the Schwarzenegger
Administration could request - as Governor Davis' Administration did last
year, for certain issues, even if both houses agreed, to be brought up in
the budget conference committee.
* Evenutally -
around mid to late June, both houses will take final votes on the full
budget and related budget legislation (including those impacting IHSS,
etc). Most Capitol observers predict an on time budget - meaning a budget
passed by the Legislature on or before June 30. Until that happens - and
until the Governor signs off on the budget and related legislation,
nothing is final.
IHSS
EMPLOYER OF RECORD/ADVISORY COMMITTEES
What the
Governor Proposes: To repeal existing state law that requires
counties to establish an IHSS "employer of record" state funding for IHSS
public authorities and public authority advisory committees
What the
Legislature Has Done as of 5/20/04:
* The Assembly
Budget Subcommittee #1 previously voted to reject the Governor's proposal
and restore funding on this issue at a previous hearing held on April 28
by a vote of 3-0.
Roll Call Vote
4/28/04: Assemblymembers Dymally (D-Compton, 52nd District) , Loni
Hancock (D-Berkeley, 14th District) and John Laird (D-Santa Cruz, 27th
District) voting AYE.
Assemblymembers
Robert Pacheco (R-Walnut, 60th District) and Ray Haynes (R-Murrieta, 66th
District) were not present and did NOT vote.
* The Senate
Budget Subcommittee #3 took the same action at their hearing on yesterday,
May 20.
Roll Call Vote
5/20/04: Senators Chesbro (D-Arcata, 2nd Distinct), Gil Cedillo (D-Los
Angeles, 22nd District), Deborah Ortiz (D-Sacramento, 6th District), all
voting AYE.
Sen. Tom
McClintock (R-Thousand Oaks, 19th District) and Bruce McPherson (R-Santa
Cruz, 15th District) were not present when the vote was taken - coming
into the hearing afterwards. They can add their votes to actions taken by
the subcommittee - but it is not known as of this writing how they voted.
Their votes would not change the outcome however.
What Does The
Legislature's Actions Mean as of 5/20/04: See above - actions have
same meaning as the IHSS Provider Worker wages
Who This
Impacts: Tens of thousands of children and adults with developmental
and other disabilities, seniors who need in-home services, with potential
loss of workers, registry of workers (including investigation of
qualifications and background checks of potential workers, and training
for existing workers)
Next Steps In
Legislative Budget Process: See above - same as the next steps
regarding IHSS Provider Worker wages
IHSS
RESIDUAL PROGRAM
What the
Governor Proposes: The Governor's original proposal in November
called for the complete elimination of the IHSS "Residual Program" - the
part of the IHSS program that serves 75,000 children and adults with
developmental and other disabilities and seniors. A significant part of
that program includes over 20,000 people who are permitted - under strict
eligibility and income requirements, to have as their in-home worker,
their parent (of minor children with developmental and other disabilities)
or their adult spouse who has developmental or other
disabilities/qualifying senior. The Governor proposed that the
elimination be effective for the current budget, as of April 1, 2004. The
Legislature refused to act - and the Governor later, on April 22, (and in
his May 13th revised budget proposal) rescinded that proposal, and instead
proposed to seek federal matching funds. The proposal seeks an exception
or waiver to existing federal Medicaid regulations, that would permit the
services under the IHSS "residual program" to be supported with federal
matching funds (including relatives who are in-home workers; advance pay
option, domestic services, protective supervision). Currently the IHSS
Residual Program is only supported by state and local funding.
What the
Legislature Has Done as of 5/20/04:
* The Senate
Budget Subcommittee #3 voted:
- Approved the
Governor's May 13th revised budget proposal that rescinded his earlier
proposal to eliminate the IHSS residual program, and restored full funding
for current budget, and funding (assumes federal matching funds) for
2004-2005. Note: that assumption also assumes rollback of IHSS worker
wages - which means the proposal to the federal government would need to
be amended if the Governor's proposal to rollback the wages is rejected
and approved in the final budget for 2004-05.
- Approved 6 of
the 9.5 state staff positions requested by the Governor in his May 13th
revised budget for the purpose of overseeing implementation of the federal
matching funds proposal
- Approved the
intent of the Legislature for legislative (trailer bill) budget language
to implement the IHSS federal matching funds (waiver) proposal and
facilitate the transition of IHSS recipients from the current
state/locally funded only IHSS Residual Program into a state/local and
federally funded IHSS Residual Program
- Voted to retain
the existing state laws for the current IHSS Residual Program as the
framework for the IHSS Residual Program that will be matched by federal
funds.
Roll Call Vote
5/20/04: Senators Chesbro (D-Arcata, 2nd Distinct), Gil Cedillo (D-Los
Angeles, 22nd District), Deborah Ortiz (D-Sacramento, 6th District), all
voting AYE.
Sen. Tom
McClintock (R-Thousand Oaks, 19th District) and Bruce McPherson (R-Santa
Cruz, 15th District) were not present when the vote was taken - coming
into the hearing afterwards. They can add their votes to actions taken by
the subcommittee - but it is not known as of this writing how they voted.
Their votes would not change the outcome however.
* The Assembly
Budget Subcommittee previously approved on May 17th, the Governor's May
13th revised budget proposal that rescinded his earlier proposal to
eliminate the IHSS residual program, and restored full funding for current
budget, and funding (assumes federal matching funds) for 2004-2005. Note:
that assumption also assumes rollback of IHSS worker wages - which means
the proposal to the federal government would need to be amended if the
Governor's proposal to rollback the wages is rejected and approved in the
final budget for 2004-05.
Roll Call Vote
5/17/04: Assemblymembers Dymally (D-Compton, 52nd District) , Loni
Hancock (D-Berkeley, 14th District) and Robert Pacheco (R-Walnut, 60th
District)
Assemblymembers
John Laird (D-Santa Cruz, 27th District) and Ray Haynes (R-Murrieta, 66th
District) were not present and did not vote.
* The Assembly
Budget Subcommittee voted on May 20 3-0 to:
- Approved the
intent of the Legislature for legislative (trailer bill) budget language
to implement the IHSS federal matching funds (waiver) proposal and
facilitate the transition of IHSS recipients from the current
state/locally funded only IHSS Residual Program into a state/local and
federally funded IHSS Residual Program
- Voted to retain
the existing "components" of the current IHSS Residual Program as the
framework for the IHSS Residual Program that will be matched by federal
funds.
Roll Call Vote
5/20/04: Assemblymembers Dymally (D-Compton, 52nd District) , Loni
Hancock (D-Berkeley, 14th District) and John Laird (D-Santa Cruz, 27th
District) voting AYE.
Assemblymembers
Robert Pacheco (R-Walnut, 60th District) and Ray Haynes (R-Murrieta, 66th
District) were not present and did NOT vote.
What Does The
Legislature's Actions Mean as of 5/20/04: Though no final legislative
budget related language was passed - both houses clearly will insist on
language that will protect current eligibility and benefits of the IHSS
Residual Program whether or not the federal matching funds proposal is
approved by the federal government. The Assembly Budget Subcommittee
action on May 17th however may differ slightly with the Senate Budget
Subcommittee action of May 20th in terms of staffing, which could send the
budget issue to the joint budget conference committee.
Who This
Impacts: 75,000 child and adults with developmental and other
disabilities/seniors who depend on the IHSS Residual Program.
Next Steps In
Legislative Budget Process: See above - same as the next steps
regarding IHSS Provider Worker wages, though the issue of state staffing
to oversee the federal matching funds proposal might go to the legislative
joint budget conference committee due to a slight possible difference in
approved staffing positions.
IHSS Shared
Domestic Services
What the
Governor Proposes: The Governor originally proposed to eliminate
coverage for shared domestic services when a person who receives those
services reside with other family members. The proposal would have meant
a cut to the IHSS budget of $80.9 million for the 2004-2005 budget year
($26.3 million of that from state general funds). Due to issues regarding
conflicts with existing federal Medicaid regulations regarding
comparability (the proposed elimination would result in Medi-Cal
recipients being treated differently in the similar living situations),
the Governor, in his revised budget proposal, issued May 13, rescinded
that action and restored funding. However the Governor also indicated
then that it was the Administration's intention to propose to the federal
government - for implementation in 2005-2006, a waiver or exception to
those Medicaid regulations that would give authority to California to
eliminate funding shared domestic services.
What the
Legislature Has Done as of 5/20/04:
* The Assembly
Budget Subcommittee #1 previously voted to approve the Governor's May 13th
revised budget and restored funding for shared domestic services, at a
previous hearing held on May 17, by a vote of 3-0.
Roll Call Vote:
Assemblymembers Dymally (D-Compton, 52nd District) , Loni Hancock
(D-Berkeley, 14th District) and Robert Pacheco (R-Walnut, 60th District)
Assemblymembers
John Laird (D-Santa Cruz, 27th District) and Ray Haynes (R-Murrieta, 66th
District) were not present and did not vote.
* The Senate
Budget Subcommittee #3 took the same action at their hearing on yesterday,
May 20.
Roll Call:
Senators Chesbro, Gil Cedillo (D-Los Angeles, 22nd District), Deborah
Ortiz (D-Sacramento, 6th District), all voting aye. Sen. Tom McClintock
(R-Thousand Oaks, 19th District) and Bruce McPherson (R-Santa Cruz, 15th
District) were not present when the vote was taken - coming into the
hearing afterwards. They can add their votes to actions taken by the
subcommittee - but it is not known as of this writing how they voted.
Their votes would not change the outcome however.
What Does The
Legislature's Actions Mean as of 5/20/04: See above - actions have
same meaning as the IHSS Provider Worker wages
Who This
Impacts: IHSS recipients eligible for shared domestic services to
remain safely in their own homes. Domestic services include sweeping,
kitchen and bathroom cleaning, meal preparation and clean-up, laundry,
shopping for food, changing bed linens. IHSS recipients who lived in a
shared living arrangement (such as their family) have these services
pro-rated or reduced to mirror their use of "common" areas and shared
meals with others in that household. The Governor's original proposal
would have impacted these services, which 39% of IHSS recipients, who live
in these shared living situations, use.
Next Steps In
Legislative Budget Process: See above - same as the next steps
regarding IHSS Provider Worker wages
IHSS
Quality Assurance Initiative
What the
Governor Proposes: The Governor's May 13th revised budget proposal
called for a "Quality Assurance Initiative" that with the intended outcome
of reducing IHSS program costs and impose more statewide standards on how
IHSS services were delivered. The proposal in many ways is similar to a
proposal by the Governor to impose statewide standards (or limits) to
regional center funded community-based services. The IHSS Quality
Assurance Initiative would reduce the IHSS budget for 2004-2005 by $17
million in state general funds (savings for the state).
What the
Legislature Has Done as of 5/20/04:
* The Senate
Budget Subcommittee #3 voted:
- to adopt the
intent for legislative (trailer bill) budget language to "assure the
appropriate statutory framework for the IHSS program is in place to
prevent fraud, protect consumer access to services, and achieve program
integrity through quality control activities that assure that the level of
IHSS services approved is based on the consumer's level of need."
- Approved $32.2
million in state general fund savings (or a reduction to the IHSS budget)
resulting from the implementation of IHSS quality assurance activities
[note: this increases what the Governor proposed in his 5/13 revised
budget]
- Adopted the
Governor's proposed funding increase and new positions for state level
IHSS Quality Assurance activities
- Approved a
$10.7 million increase in state general funds to the IHSS budget
specifically to support local (county) IHSS Quality Assurance activities.
Roll Call Vote:
Senators Chesbro (D-Arcata, 2nd Distinct), Gil Cedillo (D-Los Angeles,
22nd District), Deborah Ortiz (D-Sacramento, 6th District), all voting
AYE.
Sen. Tom
McClintock (R-Thousand Oaks, 19th District) and Bruce McPherson (R-Santa
Cruz, 15th District) were not present when the vote was taken - coming
into the hearing afterwards. They can add their votes to actions taken by
the subcommittee - but it is not known as of this writing how they voted.
Their votes would not change the outcome however.
* The Assembly
Budget Subcommittee took the same identical action on May 20th increasing
the savings (or reduction to the IHSS budget) from $17 million to $32.2
million) and adopting the same legislative budget language as approved by
the Senate Budget Subcommittee #3.
Roll Call Vote:
Assemblymembers Dymally (D-Compton, 52nd District) , Loni Hancock
(D-Berkeley, 14th District) and John Laird (D-Santa Cruz, 27th District)
voting AYE.
Assemblymembers
Robert Pacheco (R-Walnut, 60th District) and Ray Haynes (R-Murrieta, 66th
District) were not present and did NOT vote.
What Does The
Legislature's Actions Mean as of 5/20/04: The Assembly subcommittee
action rescinds their previous vote on May 17th that approved the
Governor's proposed savings (or reduction to the IHSS budget) of $17
million), though no action on legislative budget language was taken at
that time.
Who This
Impacts: Tens of thousands of children and adults with developmental
and other disabilities, seniors who depend on IHSS services who will be
impacted by any IHSS Quality Assurance activities; and counties, public
authorities and the Department of Social Services - all who will have a
part in implementing those activities.
Next Steps In
Legislative Budget Process: See above - same as the next steps
regarding IHSS Provider Worker wages
CA DISABILITY COMMUNITY ACTION NETWORK
CAPITOL NEWS REPORT - ISSUE #95-2004
Linking people to disability rights Website now up: www.cdcan.org
May 21,
2004 - Friday early morning
Assembly Budget Subcommittee Holds Hearing 5/20:
*
Takes First Step In Rejecting Governor's Proposal For Statewide
Limits On Regional Center Funded Community-Based Services
*
Rescinds Previous Action on Parental Share of Cost - Approves Senate
Version of That Plan - Rejects Regional Center Operations Budget Cut
*
Rejects Gov's Proposal For $11 million Improvements to Sonoma DC for
Agnews Closure - Directs Funding To Be Used For Community Plan
SACRAMENTO - The Assembly Budget Subcommittee #1 on Health and
Human Services voted 3-0, in an initial step toward rejecting the
Schwarzenegger Administration's controversial proposal to impose
statewide standards that would have established significant limits
on regional center funded community-based services for nearly
200,000 children and adults with developmental disabilities. The
Assembly subcommittee, chaired by Assemblymember Mervyn Dymally
(D-Compton, 52nd District), however did vote initial approval of a
$11.9 million in unspecified (or "unallocated") reductions to the
regional center budget that funds community-based services - the
amount that the Governor's "statewide purchase of services" proposal
claimed it would save during the 2004-2005 budget year. The
subcommittee also voted 3-0 to reject the Governor's proposal for a
$6.5 million reduction to the regional center operations budget.
In addition, the Assembly subcommittee rescinded its action earlier
on May 10th regarding parental/family share of cost for regional
center services, and instead, voted to approve the Senate version -
which was significantly modified - of that plan (see below). The
actions taken by the subcommittee are not final however. [see
separate CDCAN Capitol News Report #94-2004 for full report on
action to rescind cuts to IHSS and SSI/SSP and #96-2004 on the huge
march and rally for disability rights, also held on May 20th]
The
Senate Budget Subcommittee #3 on Health, Human Services, Labor and
Veteran Affairs, chaired by Sen. Wes Chesbro (D-Arcata, 2nd
District) did not take action at their May 20th hearing on any
budget issues under the Department of Developmental Services - the
agency that oversees regional centers and the state owned and
operated developmental centers. The Senate Budget Subcommittee is
scheduled to meet this morning (May 21) at 9:00 AM on certain Medi-Cal,
Public Health, Mental Health community-based programs, Healthy
Families budget issues. The same subcommittee will also meet on
Saturday, May 22, from 9 AM to 12 noon on issues still requiring
action impacting regional centers, developmental centers, Department
of Mental Health State Hospitals and other issues.
SUMMARY OF ACTIONS RELATED TO MAJOR BUDGET ISSUES RELATING TO
REGIONAL CENTERS, DEVELOPMENTAL CENTERS AND DEPT OF REHABILTATION
TAKEN 5/20:
STATEWIDE STANDARDS TO LIMIT COMMUNITY-BASED SERVICES & FUNDING
(ALSO KNOWN AS PURCHASE OF SERVICES STANDARDS)
What the
Governor Proposes: Former Governor Davis proposed in 2002-03,
and 2003-04 unsuccessfully, and the Schwarzenegger Administration
for the third time, proposed a plan calling for a statewide
"purchase of services standards" or limits for the budget that funds
regional center funded community-based services. The Govenror's May
13th revised budget proposal estimated savings (or a reduction to
regional center community-based services budget) of $11.9 million
for the 2004-2005, growing each year. Some regional centers claim
the proposed standards would actually increase costs - while other
regional centers and advocates say the standards would mean a
significant rollback in individual rights under the Lanterman
Developmental Disabilities Services Act - considered the "civil
rights act" for people with developmental disabilities, signed into
law 35 years ago by then Governor Ronald Reagan.
What the
Legislature Has Done as of 5/20/04:
* The
Assembly Budget Subcommittee #1 voted to REJECT the Governor's
proposed state"purchase of services" standards (or limits), and
instead, approved an unspecified or unallocated reduction of $11.9
million (state general funds) to the regional center budget that
funds community-based services (purchase of services).
Roll
Call Vote 5/20/04: Assemblymembers Dymally (D-Compton, 52nd
District) , Loni Hancock (D-Berkeley, 14th District) and John Laird
(D-Santa Cruz, 27th District) voting AYE.
Assemblymembers Robert Pacheco (R-Walnut, 60th District) and Ray
Haynes (R-Murrieta, 66th District) were not present and did NOT
vote.
* The
Senate Budget Subcommittee #3 has not taken action on this issue yet
- and will likely do so on 5/22, Saturday morning.
What
Does The Legislature's Actions Mean as of 5/20/04: Unless the
Senate Budget Subcommittee on 5/22 agrees with the Assembly Budget
Subcommittee taken 5/20, the issue will go the joint budget
conference committee to resolve differences.
Who This
Impacts: Tens of thousands of children and adults with
developmental disabilities (and their families) receiving
community-based services funded through the 21 non-profit regional
centers, the community-based orgnanizations who actually provide the
services, direct care and other workers.
Next
Steps In Legislative Budget Process:
* The
Senate Budget Subcommittee #3 is scheduled to meet 5/22 Saturday
morning to review and possibly take action on this budget issue.
* The joint
budget conference committee, could meet as early as next week, will
be made up of 2 Democrats and 1 Republican from both the Assembly
and Senate to resolve any differences in actions taken.
*
Evenutally - around mid to late June, both houses will take final
votes on the full budget and related budget legislation (including
those impacting IHSS, etc). Most Capitol observers predict an on
time budget - meaning a budget passed by the Legislature on or
before June 30. Until that happens - and until the Governor signs
off on the budget and related legislation, nothing is final.
AGNEWS DEVELOPMENTAL CENTER CLOSURE PREPARATION
What the
Governor Proposes: The Governor's revised May 13th budget
assumes the closure of Agnews Developmental Center and requested
$11.049 million to improve the Sonoma Developmental Center in order
to accept appropximately 200 Agnews residents when the Agnews
Developmental Center closes (the Administration assumes the
remaining residents would be placed in the community).
What the
Legislature Has Done as of 5/20/04:
* Assembly
Budget Subcommittee #1 took the following action:
Reject the
Governor's May revised budget proposal calling for $11,049,000
improvements for Sonoma Developmental Center in preparation for
approximately 200 persons who would transfer from Agnews
Developmental Center, and instead, allocate that same level of
funding directing the Department of Developmental Services "toward
developing community settings in the greater bay area for the
current residents of Agnews, hopefully to develop an innovative
template and that we also include in that a displacement plan for
workers who may be displaced by the closure of Agnews.
Roll
Call Vote 5/20/04: Assemblmembers Dymally (D-Compton, 52nd
District) , Loni Hancock (D-Berkeley, 14th District) and John Laird
(D-Santa Cruz, 27th District) voting AYE.
Assemblymembers Robert Pacheco (R-Walnut, 60th District) and Ray
Haynes (R-Murrieta, 66th District) were not present and did NOT
vote.
* Senate
Budget Subcommittee #3 has not taken action yet on this issue -
though may do so on 5/22.
What
Does The Legislature's Actions Mean as of 5/20/04:
Cliff
Allenby, director of the Department of Developmental Services
indicated that if the subcommittee rejected the Governor's proposal,
it would delay the closure of Agnews (now scheduled for July 1,
2006).
The
Department of Finance indicated that it would oppose the funding and
underscored that it mean delay in closure.
*Who
This Impacts: Persons and their families who reside at Agnews
Developmental Center, state workers who are employed there, regional
centers and community-based organizations in the greater bay area.
Next
Steps In Legislative Budget Process: The Senate Budget
Subcommittee #3 will need to take the same action the Assembly
Budget Subcommittee or else the issue will go to the joint budget
conference committee. That special committee, which could meet as
early as next week, is made up of 2 Democrats and 1 Republican from
both the Assembly and Senate to resolve any differences in actions
taken.
FAMILY/PARENTAL SHARE OF COST (CO-PAYMENT)
What the
Governor Proposes: To implement an share of cost (or
assessment) program by January 1, 2005 for families with
children,
ages 3-17, with developmental disabilities, who live in a family's
home and receive services through a regional center, and are not
eligible for Medi-Cal. The share of cost or assessment would - at
this time - only cover three services used by families: respite,
day care and camping. The costs would be assessed on a sliding
scale - and would apply to those families
whose
annual income is at or above 400% of the federal poverty level.
This plan was significantly changed from the former Governor Davis'
original plan proposed January 2003, and significantly modified
again from a draft plan issued by the Department of Developmental
Services earlier in March. The Legislature last year rejected
Governor Davis' original plan, but approved in concept, a parental
share of cost plan, requiring the Department of Developmental
Services to submit an implementation plan to the Legislature on or
before April 1 this year (a draft plan was submitted April 9). The
legislative language implementing the family share of cost plan
would expire as of July 1, 2009.
What the
Legislature Has Done as of 5/20/04:
* The
Senate Budget Subcommittee #3 approved 5-0 a significantly modified
version (as drafted by budget staff) of the family/parental share of
cost plan including:
* Adopted
the Schwarzenegger Administration's fiscal assumptions [meaning
projected savings achieved by implementing this
program of
$570,000 in state general funds for the first year].
* Approved
the recommended changes by the Senate staff to include additional
language that would give families the right to request an
adjustment to any assessment of costs to a executive director of a
regional center because of "significant unreimbursed medical costs
associated with care for a child who is a regional center
consumer." Also included was additional language that would
underscore a family's right to appeal the decision of a regional
center executive director through the fair hearing process as
outlined in Chapter 7, Section 4700 et seq in the Welfare and
Institutions Code (including requirement for regional centers to
provide notice).
Roll
Call Vote 5/3/04: Senators Chesbro (D-Arcata, 2nd District), Gil
Cedillo (D-Los Angeles, 22nd District), Tom McClintock (R-Thousand
Oaks, 19th District), Bruce McPherson (R-Santa Cruz, 15th District)
and Deborah Ortiz (D-Sacramento, 6th District), all voting AYE.
There were no "NO" votes and no members were absent.
* The
Assembly Budget Subcommittee #1 previously voted on May 10, to
reject the Senate Budget Subcommittee #3 version of the
Parental/Family share of cost plan, and by doing so, adopted the
Schwarzenegger Administration's plan. Because the plans differed,
the issue would have gone to the joint budget conference committee -
which is what the Assembly Budget Committee wanted at that time to
have happen to resolve certain issues.
* The
Assembly Budget Subcommittee #1 rescinded their action of May 10,
and instead approved the Senate Budget Subcommittee #3 version of
the family/parental share of cost plan (adopted by that subcommittee
on 5/3).
Roll
Call Vote 5/20/04: Assemblymembers Dymally (D-Compton, 52nd
District) , Loni Hancock (D-Berkeley, 14th District) and John Laird
(D-Santa Cruz, 27th District) voting AYE.
Assemblymembers Robert Pacheco (R-Walnut, 60th District) and Ray
Haynes (R-Murrieta, 66th District) were not present and did NOT
vote.
What
Does The Legislature's Actions Mean as of 5/20/04: Because both
the Senate and the Assembly budget subcommittees now agree on this
action, the issue, in theory, will not go to the joint budget
conference committee.
Who This
Impacts: Those families who have children between the ages of
3-17, who have developmental disabilities and receive regional
center services for camping, respite or daycare, and whose annual
income is at or above 400% of the federal poverty level (roughly
$70,000 for family of four).
Next
Steps In Legislative Budget Process:
* The
actions by both subcommittees will be approved next week by the full
budget committees in both houses. In theory, because both houses
exactly agree on rejecting the Governor's proposal, this issue
should not go to the joint budget conference committee.
* That
special committee, which could meet as early as next week, is made
up of 2 Democrats and 1 Republican from both the Assembly and Senate
to resolve any differences in actions taken. However the
Schwarzenegger Administration could request - as Governor Davis'
Administration did last year, for certain issues, even if both
houses agreed, to be brought up in the budget conference committee.
*
Evenutally - around mid to late June, both houses will take final
votes on the full budget and related budget legislation (including
those impacting IHSS, etc). Most Capitol observers predict an on
time budget - meaning a budget passed by the Legislature on or
before June 30. Until that happens - and until the Governor signs
off on the budget and related legislation, nothing is final.
HABILITATION SERVICES PROGRAM
What the
Governor Proposes: The Governor's revised May 13th budget
originally proposed that the Habilitatioon Services Program
(supported employment and work activity programs) budget be
decreased by $1,447,000 reflecting $3.1 million decrease in updated
caseload information and $1.7 million increase for costs to
temporarily place people receiving Habilitation Services, into day
programs. This was originally proposed because some people who
receive services (supported employment work groups) will not be able
to convert their supported employment group size the reflect the
higher consumer to staff ratio by July 1, 2004 (1 staff person to 3
consumers, to 1 staff person to 4). However, at the May 20th
hearing, the Department of Developmental Services offered new
proposed legislative budget language that would give those groups a
one year extension to comply with the higher consumer to staff
ratio.
What the
Legislature Has Done as of 5/20/04:
* Assembly
Budget Subcommittee #1 took the following action:
Reject the
Governor's original May revised budget proposal, and adopt the
intent of the legislature to approve legislative (trailer bill)
budget language reflecting the proposal by the Department of
Developmental Services new proposed language that would give certain
supported employment groups a one year extension to change their
staffing ratios to comply with existing state law.
Roll
Call Vote 5/20/04: Assemblmembers Dymally (D-Compton, 52nd
District) , Loni Hancock (D-Berkeley, 14th District) and John Laird
(D-Santa Cruz, 27th District) voting AYE.
Assemblymembers Robert Pacheco (R-Walnut, 60th District) and Ray
Haynes (R-Murrieta, 66th District) were not present and did NOT
vote.
What
Does The Legislature's Actions Mean as of 5/20/04:
* Senate
Budget Subcommittee #3 has not taken action yet on this issue -
though may do so on 5/22.
*Who
This Impacts: Persons with developmental disabilities (and
their families) in supported employment and community-based
supported employment program providers
Next
Steps In Legislative Budget Process: The Senate Budget
Subcommittee #3 will need to take the same action the Assembly
Budget Subcommittee or else the issue will go to the joint budget
conference committee. That special committee, which could meet as
early as next week, is made up of 2 Democrats and 1 Republican from
both the Assembly and Senate to resolve any differences in actions
taken.
REGIONAL CENTER OPERATIONS BUDGET
What the
Governor Proposes: In January, the Governor proposed an
unspecified (unallocated) reduction to the regional center
operations budget of $6.5 million.
What the
Legislature Has Done as of 5/20/04:
* Assembly
Budget Subcommittee #1 took the following action:
Reject the
Governor's original January budget proposal calling for $6.458
million unallocated reduction to regional center operations budget
(in order to go to conference).
Roll
Call Vote 5/20/04: Assemblmembers Dymally (D-Compton, 52nd
District) , Loni Hancock (D-Berkeley, 14th District) and John Laird
(D-Santa Cruz, 27th District) voting AYE.
Assemblymembers Robert Pacheco (R-Walnut, 60th District) and Ray
Haynes (R-Murrieta, 66th District) were not present and did NOT
vote.
What
Does The Legislature's Actions Mean as of 5/20/04:
* Senate
Budget Subcommittee #3 has not taken action yet on this issue -
though may do so on 5/22.
*Who
This Impacts: Regional centers, regional center staff,
community-based organizations, people with developmental
disabilities.
Next
Steps In Legislative Budget Process: The Senate Budget
Subcommittee #3 will need to take the same action the Assembly
Budget Subcommittee or else the issue will go to the joint budget
conference committee. That special committee, which could meet as
early as next week, is made up of 2 Democrats and 1 Republican from
both the Assembly and Senate to resolve any differences in actions
taken |
SENATE
PRESIDENT JOHN BURTON SAYS GOVERNOR'S BUDGET CUTS TO SERVICES FOR PEOPLE
WITH DISABILITIES, SENIORS AND THE POOR "UNWORTHY OF CALIFORNIA" -
PROMISES FIGHT
SACRAMENTO -
Senate President Pro Tem John Burton (D-San Francisco, 3rd District), the
single most powerful member of the California Legislature, called Governor
Schwarzenegger's proposed budget cuts to people with disabilities, the
Blind, seniors and those impacting low income people as "absolutely
unworthy of a great state, unworthy of a governor who does have
compassionate - and concern for those less fortunate then he is" adding
that ".. I am only one of 120 members of the State Legislature, but, my
mother didn't bring me into this world to pick on poor people in order to
solve problems that were not created by them" in a press conference held
last Thursday (May 13) in the State Capitol. [Note release of this CDCAN
report was delayed due to operator error - I forgot to press "send"]
Burton, who,
due to term limits will be forced out of the Legislature at the end of
this year said, in response to a question if he was "happy" about some of
the cuts that the Governor rescinded to health and human services, that
"You know, it's nice that he [the Governor] didn't do what he shouldn't
have been done before. I mean you're not going to get a lot of props from
me for doing that. I mean I'd like to congratulate people for not robbing
that banks and not running over people in the cross walks too".
Burton said he
would be rather have a budget three weeks late if that meant protecting
critical services for people with disabilities, seniors and low-income
people, in response to a question about the importance of passing an
on-time budget this year.
"If the budget is
going to be three weeks late, and we're going to protect the most
vulnerable in society, the world will little note nor long remember that
three weeks. I would remember for the rest of my life seeing old people
going into the store that don't have pets and buying cat food instead of
tuna fish. So, on time budgets are very helpful - in the press. They mean
nothing in the outside world. " said Burton.
Burton's press
conference last week was in response to Governor Arnold Schwarzenegger's
earlier press event at the Secretary of State Office Building Auditorium,
where he unveiled his May revised budget proposal. Advocates for children
and adults with developmental and other disabilities and seniors are
waging an all-out campaign to defeat the Governor's proposals regarding a
proposed rollback in In-Home Supportive Services wages and benefits;
pushing forward legislative budget language and emergency regulations that
would put in place statewide standards that would limit regional center
funded community-based services; cuts to SSI/SSP, proposal to impose a
parental/family share of cost for children with developmental disabilities
ages 3-17 receiving regional center services and more.
* Burton
refused to come out for a tax increase at this point - though felt the
rollback of the vehicle license fee will unfairly hurt people with
disabilities, seniors and low-income families due to loss of critical
funding for services.
* Senate
Democrats met privately yesterday and today in part to discuss critical
budget issues.
* The Governor's
revised budget proposal needs approval of both the Senate and Assembly by
2/3rds vote, a total that requires votes from both parties.
SUMMARY
OF KEY COMMENTS MADE BY SEN. BURTON AT 5/13 PRESS CONFERENCE
Sen. Burton:
"This budget is not worthy of the State of California. The
Administration claim that they want to maintain critical support for
California's most vulnerable citizens - those who are risk - and want to
recognize children as a priority. Yet we take about a half a billion
dollars away from the poorest children in the state, those whose parents
are in the CalWORKS programs. Those kids whose parents or parent in most
cases are following the federal law, following rather ignoble welfare
reform put in place by President Clinton and in this state, see the money
taken away from them that they so desperately need. In addition to this,
not just taking away cost of living increases, reducing the grant money -
which is low, but in addition to that, when the parents do go to work -
when they get a job, and they go to work, but we still, because they are
still at such a low level, trying to protect the children we limit those
grants. These people, when they go to work, have to pay for child care.
They have to do certain other things that they are trying to accomplish to
get out of the welfare morass into a productive role as taxpayers and
contributors in society, and we make that more difficult. CalWORKS is not
what caused the budget problem. The people are doing what we asked them to
do - not what we asked, but demanded that they do in the program. And they
shouldn't be harmed by a budget problem that is no fault of their own."
Sen.
Burton: "Then we take 1.2 million elderly, blind and disabled in
the state - almost all of whom cannot work to make up any grant
reductions. And we don't want to give them not only any state COLA,
[cost of living adjustment] but we want to steal the money that the
federal government gives them through the federal COLA pass through.
This portion of the budget is absolutely unworthy of a great state,
unworthy of a governor who does have compassionate - and concern for those
less fortunate then he is...and those who are less fortunate than others.
These are things that we are going to look very hard at, and in my
opinion, I am only one of 120 members of the State Legislature, but, my
mother didn't bring me into this world to pick on poor people in order to
solve problems that were not created by them. There are other parts of
the budget that are basically are outside agreements. Some of you people
in the press don't fully understand the legislative process. But in
reading the paper you seem to think that if the Governor and an outside
group make a deal, then all of a sudden then that's a deal, and the
Legislature's been by-passed. Well, as I've said downstairs [Senate
Floor] time and time again, you can't go to the initiative ballot to
get budget through. We can't be by-passed. We are the ones that deal with
the budget. The Governor proposes a budget. We dispose of a budget. We
are the ones to take the budget, work our will, up, down or sideways -
and send it back to the Governor, where the Governor can then deal
through his veto power with a blue pencil, to reduce the amount of
funding basically that he is legally entitled to do. So I view all of the
deals that have been cut as a suggestion from the Governor in the
budget, just like the suggestions would have been made without these
deals. The only thing that they do, is if the Legislature did decide to do
something about K-12 education and followed the Governor's cuts in that or
deferrals in that, that it is clear that the teachers organizations are
not going to argue about that. So I mean it kind of gives
one a pass there. On the higher ed stuff, I think here is great
concern in our caucus about that. And as I have said, there is a deal
between the Governor, and I guess the presidents and I guess, the regents
and the trustees. And the only ones that really has concerns about this
are probably the students, faculty and parents of the students, which
probably total more than you know, the trustees and the regents of the
universities. We have a concern about that. We do understand exactly why
these deals were made. Don't necessarily agree with them from the
standpoint of the university system and the state university system making
them. It is absolutely clear in my judgment, that unless the State hits
the lottery or maybe goes into partnership with the [Indian] Tribes and
some of the casinos, to get a lot more revenue in, that we're not going to
be solving the State's fiscal problems. We are delaying them, and
sometimes by delaying a problem, you get to solve it later in an easier
fashion. And sometimes delaying a problem it gets worse. Political
decisions if you put them off long enough, you find out most them take
care of themselves. Unfortunately that's not necessarily true with fiscal
problems, but we'll just have to see. I do look forward working with the
Governor to try to deal how we're going to rectify our differences of
opinions on this fiscal approach. But sooner or later we are going to
have to deal with the structural change. I don't think anybody of any
great intellect believes you can cut your way out of a structural
problem...."
Question:
"Will you or your [Democratic Senate] caucus push for a tax
increase?
Sen. Burton:
"Why would one push further - I don't really know what I'm going to do
on that. I mean, I want to do this, and he isn't going to do it, so he's
standing up there doing nothing. We're just going have to see what
balances what and what the great need is. I'll tell you, you know the
amount of money that was given back to the VLF [Vehicle License Fee]
was four times plus what this budget takes away from the poorest people
in our State. And we wouldn't be in the toilet we're in today but for
that. I understand, I told the Governor today, I understand, you know,
what he said in the campaign he was going to do it. As a person if he says
he's going to do it and he's going to do it and he did it. But that $4
billion plus, much which went to people who didn't need the money because
the bulk of it went to people with expensive cars, and you don't
necessarily see a lot of poor people with expensive cars. What are we
doing? We're screwing the poorest of the poor to pay for a tax break much
of which went to the wealthy. It goes against my sense of fairness if you
well - as skewed as it might be."
Question:
"There has been a lot of talk about an on time budget and "
[interrupted by Burton]
Sen. Burton:
"Oh yes, very important [sarcastically] We had three in the past twenty
years. Yes, vital" [laughter]
Question:
"Will you take a lot at what's best for the state in terms of pushing
for a better budget if its necessary to pass a deadline. How do you weigh
getting an on time budget against..." [interrupted by Burton]
Sen. Burton:
"Screwing poor people, taking food out of the mouths of kids, elderly,
blind and the disabled? Not much. If the budget is going to be three weeks
late, and we're going to protect the most vulnerable in society, the world
will little note nor long remember that three weeks. I would remember for
the rest of my life seeing old people going into the store that don't have
pets and buying cat food instead of tuna fish. So, on time budgets are
very helpful - in the press. They mean nothing in the outside world. In
the press it looks good, because, if you go down the street [people
say] the budgets late - aren't they always late? We've had, since I've
been in Sacramento, I think two really on time budgets. And that's when we
had surpluses. When you're in the shorts, it takes more time to do it. I
would hope we would have a budget that is on time. Let me tell you, the
money markets and the bond markets are going to look at whether or not its
a sound budget. They would rather see, in my judgment, a sound fiscal plan
that was five days late, then an unsound one that was ten days early, I
would think."
Question:
"Senator, are you at all relieved or happy to see the restoration of
that he [the Governor] put in from January, especially around Healthy
Families and Medi-Cal?"
Sen. Burton:
"They should have never been taken out. Why should I be happy about
something that got fixed that never should have been broken?
Sen.
Burton: Healthy Families is good. People make money out of Healthy
Families, not a lot - the health providers and everybody. Nobody is
making money off of some kid of a mother whose husband has either left her
or died, or even could have died in the gulf war and hat person is in the
CalWORKS program, nobody is making off of that kid, except maybe the
corner grocery store, you know, if their grant is not cut. Nobody is
making money out of elderly, blind, or disabled person who gets their full
grant, except maybe the tuna fish people versus the cat food people. You
know, it's nice that he [the Governor] didn't do what he shouldn't
have been done before. I mean you're not going to get a lot of props from
me for doing that. I mean I'd like to congratulate people for not robbing
that banks and not running over people in the cross walks too".
Question:
"The restoration of the health and human services do you think there is
still too many cuts in the budget?"
Sen. Burton:
"Well, Anybody with any brains would think so. I don't think that is a
novel thing. When you knock $500 million out of the pockets of the poorest
people of the state or more than that, counting the elderly, blind and
disabled, about $700 million, yeah, I mean, whether there are cuts in
that. To have the poorest of the poor pay what basically was a tax cut
for most of which went to wealthy people with very expensive cars, seems
to be alittle bit weird. Doesn't send the right message about California
or America. Doesn't say much about our values."
FOR MORE INFORMATION ABOUT CA DISABILITY COMMUNITY ACTION NETWORK
* PLEASE! HELP NEEDED URGENTLY! Contributions Needed to Continue Effort
- Thanks Again!
As
of 5/21/04, 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. As
mentioned before, individual thank you letters are now being sent out (due
to workload have been delayed!). However, until grant funding is
finalized, contributions from people and organizations is still very
urgently needed to keep the advocacy efforts going for the next several
months. Please make check or money order to: California Disability
Community Action Network (or abbreviate CDCAN). CDCAN is not yet a
non-profit organization (work on this will have this happen in within the
next few months) Send contributions to: California Disability Community
Action Network, 1225 8th Street Suite #480, Sacramento, CA 95814. A
method to contribute by credit card (through Paypal) is NOW set up
on our website, at www.cdcan.org.
*
Who Is CDCAN?
The
California Disability Community Action Network is a non-partisan link to
thousands of Californians with developmental and other disabilities, 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 CDCAN website at www.cdcan.org.
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 - California Disability Community Action
Network
1225
8th Street Suite 480 Sacramento, CA 95814 VOICE PHONE: 916/446-0013
FAX
number: 916/446-0026 email:
martyomoto@rcip.com
INFO
HOTLINE TOLL FREE NUMBER: 1-877-260-0267 (cannot leave messages)
SAME
INFO HOTLINE FOR SACRAMENTO AREA: 486-4652 WEBSITE:
www.cdcan.org
|
Last Updated on
05/21/04
webmaster@namiscc.org
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