Legislative Update on Bills Impacting People With Disabilities

SACRAMENTO  - As previously reported, several bills impacting people with developmental and other disabilities including legislation on special education, In-Home Supportive Services, community-based funding and housing had actions last week in committee or face action on the Assembly or Senate floor this week in order to beat a January 31 deadline to stay "alive".  The deadline impacts only those bills that never
were passed out of the original house it was introduced in (meaning a Senate Bill introduced in the Senate last year, but never passed out of that house). Several of the bills face an uphill battle for passage.

As reported in the California Disability Community Action Network Capitol Report #20-2004, the Assembly passed by a bi-partisan vote of 53-9  the once controversial AB 649 by Assemblywoman Patricia Wiggins (D-Santa Rosa), which was gutted and replaced with only intent language that calls for the state to maintain level of funding, including any new additional federal dollars, for services for children and adults with developmental disabilities.  The bill heads to the State Senate, where it will likely be referred to the Senate Health and Human Services Committee.  Currently the bill contains only intent language and no provisions.

In addition, several bills impacting people with developmental and other disabilities (including people with traumatic brain injuries) were introduced since the Legislature convened the second year of its 2-year session, on January 5 and are listed in this report (as of January 22, when both houses last met).

Meanwhile, as of January 26, no hearings on Governor Arnold Schwarzenegger's proposed cuts, including proposed elimination of the In-Home Supportive Services Residual Program  to the current budget (called "mid-year reductions") or his proposed budget for 2004-2005, have been scheduled yet, with hearings not likely until mid March or late February at the earliest. Action on the IHSS residual program - which the Governor wanted to occur before end of February in order to take effect by April 2004, at this point, will not happen - and will likely be combined with the regular process for the 2004-05 budget. Both houses of the Legislature must approve the governor's proposals by 2/3rds vote.

The Assembly adjourned in a late Monday evening at 10:10 PM, due to a long drawn out debate on AB 488 by Assemblywoman Parra, relating to Megan's Law, which finally passed 72-2. The bill heads to the Senate.

DISABILITY RIGHTS AND ACCESS
* SB 69 (SEN OLLER)  DISABILITY - ACCESS
STATUS 1/20/04: Dead. Failed passage in Senate Judiciary Committee 2-5.
NEXT STEPS: This bill is dead (it had to pass out of this committee AND out of the Senate before 1/31)
VOTE RECORD/SENATE JUDICIARY COMMITTEE (7 members total):
Senators who voted YES (2-total, both Republicans): Morrow (R), Ackerman (R)
Senators who voted NO (5-total, all Democrats): Escutia, chair (D), Cedillo (D), Ducheny (D), Kuehl (D) and Sher (D)
Senators abstaining/not voting/absent: none
WHAT THIS BILL WOULD DO: Would require that it is a responsibility of a person with a disability who in good faith believes that a public accommodation or housing accommodation does not provide full and equal access, to notify the owner or manager of that accommodation. Would also make it a responsibility of the owner or manager, or other responsible party, to notify that person with a disability,  of planned access improvements and to make those improvements within a specified period. During that time period that person with disabilities would be prohibited from commencing a cause of action under any state disabled access law. Would also prohibit the person with disabilities from the recovery of attorney's fees, treble damages, or any other costs, with respect to any action or proceeding regarding access improvements.
WHO THIS IMPACTS: People with disabilities, their families, small businesses
BACKGROUND: Existing state and federal law provides that people with disabilities are entitled to full and equal access to accommodations, advantages  facilities, privileges of various modes of transportation. A similar bill by Assemblyman Tim Leslie failed last year - and this bill will likely face a similar fate. This bill - like Leslie's, came about due to an incident with local small businesses in Placer County. Oller is now running for US Congress.  Many people with disabilities and advocacy organizations, and also Attorney General Bill Lockyer, have written letters of strong opposition to this bill as attack on rights to people with disabilities.  People with disabilities and other advocates have been protesting the last several weeks over Governor Schwarzenegger's budget proposals that they claim would erode rights to people with disabilities in California.  Most recently protests were held at the US Supreme Court building and cities across the nation, including Sacramento and Oakland urging the high court to rule in favor of the Americans with Disabilities Act in Tennessee v. Lane, which dealt with access to public facilities. That case was heard on 1/13/04 and is pending.
* AB 1138 (ASSEMBLYMAN FROMMER)  LICENSE PLATES/PLACARDS:PERSONS WITH DISABILITIES
STATUS 1/21/04: Passed Assembly Appropriations Committee 23-0.  To Assembly Floor.
NEXT STEPS: Heads to Assembly Floor - Consent Calendar.
VOTE RECORD/ASSEMBLY APPROPRIATIONS COMMITTEE (25 members total):
Assemblymembers voting "YES" (23-total, 7 Republicans and 16 Democrats): Steinberg, Chair (D), Runner, vice chair (R), Bates (R),  Berg (D), Calderon (D), Chu (D), Correa (D),  Daucher (R),  Diaz (D), Goldberg (D), Haynes (R),  Leno (D), Maldonado (R),  Nation (D), Mullin (D), Laird (D), Pacheco (R),  Pavley (D),  Ridley-Thomas (D), Samuelian (R), Simitian (D),  Wiggins (D) and Yee (D).
Assemblymembers voting NO: none
Assemblymembers abstaining/absent/not voting: (2-total, 1 Democrat and 1 vacancy): Firebaugh (D) - and one vacancy.
WHO THIS IMPACTS: People with disabilities and families
WHAT THIS BILL WOULD DO (last amended 1/14/04): Requires any person using a special identification license plate issued to disabled veterans or persons with disabilities to present identification and evidence of having been issued the plate, when requested to do so by a peace officer or a  person authorized to enforce parking laws. Specifies that failure to present the requested identification or evidence is a rebuttable presumption that the plate is being misused. Authorizes the peace officer or parking enforcement person to confiscate the plate if it is being used unlawfully. Allows local authorities to prohibit or restrict the parking  or standing of a vehicle on a street or a disabled person's parking stall if the vehicle displays a disabled placard that the Department of Motor Vehicles (DMV) has canceled for any reason.
BACKGROUND: Bill is intended to reduce the fraudulent use of disabled plates and placards.  It
extends to plates the requirements that currently apply to placards, allowing law enforcement officers to require users to substantiate  their eligibility for preferential parking.
NEW BILL INTRODUCED:
* AB 1801 (Assemblywoman Pavely)  Guide Dogs for the Blind
STATUS: Introduced 1/12/04
NEXT STEPS: Not yet been referred to committee. May be heard in committee on or after 2/6/04.
WHAT THIS BILL WOULD DO: Increases existing fines and the length of time of imprisonment in a county jail for any person who, with no legal justification, intentionally interferes with the use of a guide dog for the blind by harassing or obstructing the guide dog user or his or her guide dog.  Changes the term "guide dog" to "mobility aid".  Also changes from infraction to misdemeanor, for any person who permits any dog that they own or control, or keep, to cause injury or death to a guide, signal or service dog while the dog is performing its duties. Would increase the fine to $10,000  to persons who intentionally causes injury or death of any guide, signal or service dog (while the dog is performing duties) and would include in the restitution payment to the person with a disability lost wages and other personal financial burdens incurred.

HOUSING
* SB 115 (Sen. Torlakson)  Landlord and Tenant - Rent Payments
STATUS 1/20/04: Passed Senate Judiciary Committee 5-1. To Senate Floor.
NEXT STEPS:  Heads to Senate Floor for vote this week. Must pass Senate on or before 1/31/04 or it is "dead".
VOTE RECORD/SENATE JUDICIARY COMMITTEE:
Senators voting YES (5-total, all Democrats):  Escutia, Chair (D),  Cedillo, (D), Ducheny (D),  Kuehl (D), and Sher (D).
Senators voting NO (1-total, Republican): Ackerman (R)
Senators abstaining/absent/not voting (1-total, Republican): Morrow (R)
WHO THIS IMPACTS: All renters - but this would impact those renters who are low-income or people with disabilities who may not have access to checking accounts or from landlords who require tenants to pay in cash only.
WHAT THE BILL WOULD DO (Last amended 1/15/04 - substantial changes): Would prohibit a landlord or a landlord's agent from requiring cash as the exclusive payment of rent or deposit of security. Would provide that a waiver of these provisions is contrary to public policy, void, and unenforceable
* SB 120 (SEN MARGETT)  ELDERLY & PERSONS WITH DISABILITIES - HOME IMPROVEMENT LOANS
STATUS 1/22/04: Held in Senate Appropriations Committee.
NEXT STEPS: This bill is "dead" unless it can make it out of the Senate on or before 1/31/04.
WHAT THIS BILL WOULD DO (Last amended 1/14/04 - minor changes): Establishes within the Department of Housing and Community Development the "Elderly and Disabled Persons' Revolving Home Improvement Loan Program" to provide no-interest home improvement loans (of up to $5,000) for a term not longer than 3 years,  to moderate to low-income elderly and persons with disabilities to assist them with daily activities and prevent injury and to allow them to remain safely in their own homes (up to 150% of the area median income - though priority would be given to extremely low, very low and low income income applicants). Renters would need written permission of property owner for any funded changes.  The loans would for minor home improvements
(bathroom handrails, wheelchair ramps, etc) which assist in daily living activities or to prevent injury with the intent to allow seniors and persons with disabilities to remain in their own homes & as a result, improving housing choices and avoiding institutional care.  Would provide that the Department of Housing and Community Development shall implement this program if funding is provided for this purpose upon an appropriation in the annual Budget Act or other statute.
WHO THIS IMPACTS: People with disabilities and seniors
BACKGROUND: While the state does fund local programs, including low-interest loans, similar to what the bill proposes for low-income seniors and people with disabilities (and grants to eligible renters), SB 120 would allow moderate and middle income persons to obtain assistance, would make this assistance available to eligible seniors and people with disabilities statewide and provide no-interest loans (not as good as grants for renters). Currently the Housing and Community Development Department (HCD) administers the "CalHome" program, which provides grants to non-profits or local government that allow those eligible to become or remain homeowners, such as providing low-interest loans for exterior home improvements that ensure accessibility.  Program funds (Proposition 46 allocates $115 million to this, of which $25 million has been made available) are restricted to low-income homeowners and cannot be used for rental  property.

SPECIAL EDUCATION
* AB 152 (ASSEMBLYMAN LEVINE) SPECIAL EDUCATION - CONFORMING STATE LAW TO IDEA
STATUS 1/22/04: Passed Assembly Appropriations Committee 23-0 with amendments.  To Assembly Floor.
NEXT STEPS:  Heads to Assembly Floor for vote - must be acted on on or before 1/31/04
WHAT THIS BILL WOULD DO (Last amended 1/22/04 - major changes):  This bill would extend the requirement that the superintendent of public instruction calculate an adjusted entitlement for the incidence of disabilities for each special education local plan area, using the incidence multiplier for each area through the 2003-04 fiscal year.
WHO THIS IMPACTS: Students with special needs and their families; SELPAs, school districts
BACKGROUND: Existing state and federal law (IDEA), establishes a right of students with exceptional  needs to receive free and appropriate public education and ensures the right to special instruction and related services  needed to meet their unique needs.  In 1997,  the US Congress re-authorized  the Individuals with Disabilities Education Act (IDEA) and in 1999 issued an extensive new Code of Regulations.  Over the past three years, the California Legislature has partially conformed California law and regulations with the recent IDEA changes. The US Department of Education requires the state to align the remain 27 non compliant items to IDEA regulations by 7/1/2004, which the Superintendent of Public Instruction says AB 152 would do. Existing law, in order to recognize the distribution of pupils with severe and costly disabilities among special education local plan areas, requires the State Department of Education, in conjunction with the Office of the Legislative Analyst, to calculate an incidence multiplier for each special education local plan area and requires the Department of Finance to approve the final incidence multiplier for each special education local plan area. Existing law requires the Superintendent of Public Instruction to calculate in the 1998-99 fiscal year and each fiscal year thereafter to and including the 2002-03 fiscal year, an adjusted entitlement for the incidence of disabilities for each special education local plan area using the incidence multiplier for each special education local plan area, as
specified. The latest amendments remove provisions that would have created an additional mandate on school districts and extends the adjusted entitlement calculation requirement to the 2003-04 fiscal year.
* AB 1564 (ASSEMBLYMAN CHAVEZ)  SPECIAL EDUCATION - COMMUNITY COLLEGES
STATUS 1/21/04: Passed Assembly Appropriations Committee 20-2. To Assembly Floor.
NEXT STEPS:  Must pass Assembly on or before January 31, 2004.
VOTE RECORD/ASSEMBLY APPROPRIATIONS COMMITTEE (24 members total & 1 vacancy):
Assemblymembers who voted YES (20-Total, 4 Republicans and 16 Democrats ): Steinberg (D), Runner (R), Bates (R), Berg (D), Calderon (D), Chu (D), Correa (D), Diaz (D), Goldberg (D), Leno (D), Maldonado (R), Nation (D), Mullin (D), Laird (D), Pavley (D), Ridley-Thomas (D), Samuelian (R), Simitian (D), Wiggins (D), and Yee (D)
Assemblymembers who voted NO (2-Total, all Republicans): Haynes (R), and Pacheco (R)
Assemblymembers who abstained/absent/not voting (3-Total, 1 Republican and 1 Democrat and 1 vacancy): Daucher (R), Firebaugh (D) and one vacancy
WHAT THIS BILL WOULD DO (Last amended 1/13/04 - major changes): Requires the Chancellor of the California Community Colleges to hold a public hearing once a year to discuss with the State Advisory Committee on Special Education, the State Board of Education, and the Governor's Secretary for Education, as well as other interested stakeholders, how community colleges are assisting in meeting the educational needs of special education students, aged 18 to 22. (the original provisions of the bill which would have added community colleges to the special education system in California and required community colleges to provide special education services under the federal Individuals with Disabilities Education Act (IDEA) were deleted after strong opposition from community colleges and the chancellor's office.
WHO THIS IMPACTS: Students with special needs and their families; colleges
BACKGROUND: The federal Individuals with Disabilities Education Act (IDEA) requires states to provide "free and appropriate public education" services to students with special needs. In California, special education students with an Individualized Education Program (IEP) and without a high school diploma remain covered under IDEA until turning age 22. After receiving a  high school diploma or after turning 22, students with disabilities are no longer covered by IDEA but retain protections under the federal Americans with Disabilities Act (ADA) and Section  504 of the Rehabilitation Act. Under the ADA and Section 504,   community colleges are not obligated to provide services identified on an individual education plan (IEP). The number of students receiving special education services under an IEP beyond the age of 18, (numbering in 2001-2002 at 30,427)  has been limited to students with significant disabilities and received special education or related services from
the K-12 system.  Many of these students attended a community college under local agreements. Community colleges currently provide services to disabled students through the Disabled Students Programs and Services providing disabled students access to adaptive educational equipment, materials and supplies, assessment, and specialized tutoring services.
NEW BILL INTRODUCED:
* SB 1094 (SEN MURRAY)  SPECIAL EDUCATION: FOSTER FAMILY HOMES & CHILDREN'S INSTITUTIONS
INTRODUCED: 1/8/04
STATUS 1/22/04: Referred to Senate Education Committee
NEXT STEPS: No hearing date set yet. Can be heard on or after 2/8.
WHAT THIS BILL WOULD DO: Would require a nonpublic, nonsectarian school that provides special education and related services to a child with exceptional needs who resides in a licensed children's institution or foster family home to comply with all applicable curriculum and facility requirements imposed on a public school in educating an individual with exceptional needs. Requires the school to require its teachers to hold special education teaching credentials for the subjects they teach.
BACKGROUND: Existing law makes each school district, special education local plan area, or county office of education responsible for providing appropriate education to children with exceptional needs residing
in a licensed children's institution or foster family home located within their service area.
the geographical area covered by the local plan and to first consider services in programs operated by a public education agency (and if not appropriate, special education and related services are required to be provided by contract with a nonpublic, nonsectarian school)

COMMUNITY-BASED SERVICES AND SUPPORTS
* AB 649  (ASSEMBLYWOMAN WIGGINS)  DEVELOPMENTAL SERVICES: MAINTENANCE OF EFFORT
STATUS 1/26/04: Passed Assembly 53-9. To Senate.
NEXT STEPS: Heads to the Senate, and then to the Senate Health and Human Services Committee.
VOTE RECORD REPORT/ASSEMBLY FLOOR:
Assemblymembers Voting YES  (Total 53,  7 Republicans and 46 Democrats):  Bates (R), Berg (D), Bermundez (D), Calderon (D), Canciamilla (D), Chan (D), Chavez (D), Chu (D), Cohn (D), Corbett (D), Correa (D), Diaz (D), Dutra (D), Dymally (D), Firebaugh (D), Frommer (D), Garcia (R), Goldberg (D), Hancock (D), Harman (R), Horton, J. (D), Jackson (D), Koretz (D), La Suer (R) , Laird (D), Leno (D), Levine (D), Lieber (D), Liu (D), Longville (D), Lowenthal (D), Matthews (D), Maze (R), Montanez (D), Mullin (D), Nakano (D), Negrete McLeod (D), Nunez (D), Oropeza (D), Parra (D), Pavely (D), Reyes (D), Richman (R), Ridley-Thomas (D), Salinas (D), Simitian (D), Steinberg (D), Vargas (D), Wesson - Assembly Speaker (D), Wiggins (D), Wolk (D), Wyland (R), and Yee (D)
Assemblymembers Voting NO (Total 9, all Republicans): Benoit (R), Bogh (R), Campbell (R), Cogdill (R), Haynes (R), Keene (R), La Malfa (R), Leslie (R), Samuelian (R)
Assemblymembers NOT VOTING (Total 18, 16 Republicans and 2 Democrats):  Aghazarian (R), Cox (R), Daucher (R), Dutton (R), Horton, S (R), Houston (R), Kehoe (D), Maddox (R), Maldonado (R), McCarthy (R), Mountjoy (R), Nakanishi (R), Nation (D), Pacheco (R), Plescia (R), Runner (R), Spitzer (R), Strickland (R)
WHAT THIS BILL WOULD DO (Amended 1/7/04 - major changes, gutting previous versions of bill): States only intent, contingent on if sufficient funds are available that, at minimum, the amount of state funds appropriated to the Department of Developmental Services for allocation to regional centers for the provision of services and supports in the community to persons with developmental disabilities be maintained at its current level and that state funds be supplemented, and not be supplanted, by increases in federal money received by the state to provide services and supports to persons with developmental disabilities. [note: ALL other provisions in prior version of the bill were deleted by this amendment]
WHO THIS BILL IMPACTS: People with developmental disabilities, families, community organizations
BACKGROUND: This bill, formerly proposing "workforce service centers" has been totally gutted, and replaced with amendments that only state legislative intent. The bill contains no provisions that make any changes in any law and as it stands is essentially a resolution. The bill  faces an uphill battle for passage.
* AB 1319 (ASSEMBLYWOMAN BATES) IN-HOME SUPPORTIVE SERVICES BACKGROUND CHECKS
STATUS 1/21/04: Held in Assembly Appropriations Committee.
NEXT STEPS: This bill is "dead" unless it can make it out of the Senate on or before 1/31/04.
WHAT THIS BILL WOULD DO (Last amended 1/8/04): Clarifies only existing law regarding an In-Home Supportive Services (IHSS) Public Authority's requirement to investigate the qualifications and background of potential IHSS workers. Permits Public Authorities and non-profit consortia under contract with a county to provide IHSS services to include criminal background checks conducted by the Department of Justice when investigating the qualifications and background of potential IHSS workers. Prohibits IHSS workers or potential workers or IHSS recipients from being charged a fee to cover the costs of processing a criminal background check.
WHO THIS IMPACTS: People with disabilities, seniors who use IHSS, counties, certain IHSS workers
BACKGROUND: Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified seniors, blind, and persons with disabilities receive services enabling them to remain in their own homes and permits services to be provided under the IHSS program either through the employment of individual providers (workers), a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium.  Currently, the functions of a nonprofit consortium contracting with the county, or a public authority established for this purpose, include investigating the qualifications and background of potential personnel. The issue of background checks for IHSS workers have been controversial - and generated enormous opposition from people who need
IHSS services. Some senior advocates however have pushed for background checks. The entire IHSS program could face major changes as a result of the Governor's proposals for the 2004-05 budget, including proposed elimination of the IHSS Residual Program.
NEW BILL INTRODUCED:
* AB 1821 (ASSEMBLYWOMAN COHN) DEVELOPMENTAL SERVICES: PARENTAL COPAYMENTS
STATUS: Introduced 1/20/04.
NEXT STEPS: Not referred to any committee and cannot be heard until on or after 2/20/04 - however it is likely this bill will be part of the 2004-05 budget process (referred to as a "trailer bill") and go through the budget process as opposed to separate legislation going through the normal legislative process. Either way, the Department of Developmental Service's deadline to submit an implementation plan is April 1 - so any hearings on this issue won't occur before then.
WHAT THIS BILL WOULD DO: Will contain specific implementation plan of imposing share of cost (or copayments) for parents, whose income is at or above 200% of the federal poverty level, and whose children with developmental disabilities receive services through regional centers.
WHO THIS IMPACTS: Children ages 3-17 and their parents (incomes at or above 200% of the federal poverty level); community-based providers who provide services to children this age group (such as respite); regional centers, and other advocates.
BACKGROUND: The Legislature passed and Governor Davis approved,  last July, as part of the 2003-04 Budget that a parental co-payment plan (for families with incomes at or above 200% of the federal poverty level) for their children with developmental disabilities (between age of 3-17 years) who receive services through regional centers, to go into effect July 1, 2004.  The requirement as contained in the 2003-04 Budget did not contain a specific implementation plan - but did require the Department of Developmental Services to present a plan - after consultation with stakeholders (parents and other advocates) to the Legislature on or before April 1, 2004.  The Legislature can modify or change the proposed plan.  The Governor's 2004-2005 proposed budget does contain a reference to the parental co-payment (called "share of cost liability") but no specific savings or revenues - figures that presumably will be included in the Governor's revision to his proposed spending plan, in May.

HEALTH AND MEDI-CAL RELATED BILLS
* AB 750 (ASSEMBLYWOMAN MATTHEWS)  MEDI-CAL: DURABLE MEDICAL EQUIPMENT
STATUS 1/22/04: Passed Assembly Appropriations Committee 16-7 with amendments. To Assembly Floor.
NEXT STEPS:  Must be passed by the Assembly on or before January 31.
VOTE RECORD/ASSEMBLY APPROPRIATIONS COMMITTEE (24 members total & 1 vacancy):
Assemblymembers voting YES (16 - all Democrats):  Steinberg-Chair (D), Berg (D), Calderon (D), Chu (D), Correa (D), Diaz (D), Goldberg (D), Leno (D), Nation (D), Mullin (D), Laird (D), Pavley (D), Ridley-Thomas (D), Simitian (D), Wiggins (D), and Yee (D)
Assemblymembers voting NO (7 - all Republicans): Runner (R), Bates (R), Daucher (R), Haynes (R), Maldonado (R), Pacheco (R), Samuelian (R)
Assemblymembers Abstaining or Absent or Vacancy (2): Firebaugh (D) and one vacancy
WHAT THIS BILL WOULD DO (Last amended 1/22/04 - minor changes): Beginning 7/1/2005 would require any provider of custom rehabilitation equipment and custom rehabilitation technology services  to a Medi-Cal beneficiary to ensure that the equipment is evaluated, assembled, and delivered by a qualified rehabilitation professional who is a qualified health care professional approved by the Department of Health Services or is registered or credentialed.
BACKGROUND: The Medi-Cal program includes durable medical equipment.  Assemblywoman Matthews said that the bill was needed because of the sophistication and complexity of custom rehabilitation equipment and that it is currently very common, but not uniform, for providers of custom rehabilitation equipment to utilize certified individuals for  the evaluation of the patient and assembling the equipment.
WHO THIS IMPACTS: People with disabilities, seniors and others who are eligible for Medi-Cal
* SB 29 (SEN FIGUEROA)  MEDI-CAL: ACCELERATED ENROLLMENTS
STATUS 1/20/04: From Senate Appropriations Committee: sent to Senate Floor (pursuant to Senate Rule 28.8)
NEXT STEPS:  Must be passed by Senate on or before January 31, 2004.
WHAT THIS BILL WOULD DO (Last amended 1/22/04 - nonsubstantive minor change): Requires the Department of Health Services to begin implementing two Medi-Cal gateway programs within twelve months of sufficient staffing and funding requirements having been met.  The gateway programs were created as a result of passage of SB 24 (Chapter 895, statutes of 2003).
WHO THIS IMPACTS: Infants, children including those with disabilities and their families who are eligible for Medi-Cal services.
BACKGROUND: Sen. Figueroa SB 24 last year that created the "Prenatal and Newborn Hospital Gateway Programs". That bill came about to expedite enrollment, because of several reports of problems that confront families of infants who have been deemed eligible for Medi-Cal when they contact county eligibility offices in  order to confirm eligibility and receive a Medi-Cal card for the infant, including requests for unnecessary information and lengthy delays in responses. The  2002-03 Budget created the Child Health and Disability Prevention Gateway Program, under which, the providers electronically pre-enroll children into the Medi-Cal program at the time of a CHDP screen.  In order to continue their eligibility, families of children are required to complete a formal  application for Medi-Cal or the Healthy Families program.
* SB 785 (SEN ORTIZ)   MEDI-CAL: MANAGED CARE HEALTH OPTION
STATUS 1/22/04: Passed Senate Appropriations Committee 13-0.  To Senate Floor.
NEXT STEPS: Must be passed by Senate on or before January 31, 2004.
VOTE RECORD REPORT/SENATE APPROPRIATIONS COMMITTEE:
Senators voting YES (13 total - 9 Democrats and 4 Republicans):  Alpert-chair (D), Battin (R), Aanestad (R), Asburn (R), Bowen (D), Burton (D), Escutia (D), Johnson (R), Karnette (D), Machado (D), Murray (D), Poochigian (R), Speier (D)
Senators voting NO: none
Senators abstaining or absent: none
WHAT THIS BILL WOULD DO (Last amended 1/12/04 - major changes): Authorizes the Department of Health Services to expedite the enrollment of Medi-Cal recipients into managed care health plans by modifying Medi-Cal mail-in and single point of entry application forms to inform applicants, in counties served by managed care health plans, of their option to enroll directly in a managed care plan and how they may exercise that option.
WHO THIS IMPACTS: Impact to those people with disabilities (or families) and seniors who are Medi-Cal eligible and live in areas where managed care options exist for Medi-Cal benefits.
NEW BILL INTRODUCED -
* AB 1794 (Assemblyman Dutra)  Spinal Cord Injury
STATUS: Introduced 1/6/04.
NEXT STEPS: Has not yet been referred to committee. May be heard in committee on or after 2/6/04.
WHAT THIS BILL WOULD DO: Extends the Spinal Cord Injury Research Fund by eliminating the existing January 1, 2006 termination date of this program.
BACKGROUND Existing law continuously appropriates the fund, which is composed of private and public funds, to the University of California to administer the grants.  The original legislation, AB 750 (Chapter 777, Statutes of 2000)  was authored by Assemblyman Dutra, passing the Assembly 57-19, and the Senate 40-0, and signed by Governor Davis on 9/27/2000. The legislation was called the "Roman Reed Spinal Cord Injury Research" Act, after a student football player who was injured with a spinal cord injury.  Spinal cord injury affects a large number of people and particularly young people who are active and athletic, with over 250,000 people in the US who are severely disabled as a result of spinal cord injury (with California, in 1999, having over 35,000 people)  The most common age of injury is 19.  The cost of caring for spinal cord injury ranges from approximately $20,000 per year for a person who is paraplegic (paralyzed from the waist down) to over $200,000 for a quadriplegic who is paralyzed from the neck down. Approval would require 2/3rds vote of both houses.

CRIME AND ABUSE
* SB 914 (SEN BOWEN)  VICTIMS SERVICES PROGRAMS
STATUS 1/22/04: Passed Senate Appropriations Committee 13-0. To Senate Floor.
NEXT STEPS: Must pass Senate on or before January 31, 2004.
VOTE RECORD REPORT/SENATE APPROPRIATIONS COMMITTEE (13 total members):
Senators voting YES (13 total - 9 Democrats and 4 Republicans):  Alpert-chair (D), Battin (R), Aanestad (R), Asburn (R), Bowen (D), Burton (D), Escutia (D), Johnson (R), Karnette (D), Machado (D), Murray (D), Poochigian (R), Speier (D)
Senators voting NO: none
Senators abstaining or absent: none
WHAT THIS BILL WOULD DO (Last amended 1/14/04): States the intent of the Legislature that victims' services programs that were administered by the Office of Criminal Justice Planning be temporarily redirected to the Office of Emergency Services, and that certain programs involving domestic violence and sexual assault be permanently consolidated in one program within a state agency to be created and referred to as the Office for Victim Services.  Would  revise the administration of certain grant programs relating to victims of domestic violence and sex offenses as administered by the Office of Emergency Services
WHO THIS IMPACTS: People with disabilities who are victims of crime and abuse
BACKGROUND: The Office of Criminal Justice Planning was abolished in 2003, and the authority for administering certain grant programs relating to victims of domestic violence and sex offenses that were administered by that office were transferred to the Office of Emergency Services.

CONTRIBUTIONS NEEDED TO CONTINUE ADVOCACY EFFORT
Until grant funding is finalized, contributions from people and organizations is urgently needed to keep the advocacy efforts going for the next two months. Please make check or money order  to:  California Disability Community Action Network/Marty Omoto (or abbreviate CDCAN/Marty Omoto). CDCAN is not yet a non-profit organization (work on this will have this happen in within January)
Send contributions to: California Disability Community Action Network,  1225 8th Street Suite #480, Sacramento, CA  95814. Thanks - and we will get through this!