CALIFORNIA DISABILITY COMMUNITY ACTION
NETWORK (CDCAN)
CAPITOL NEWS REPORT #013-2005
www.cdcan.us
January 31, 2005 - Monday
Linking people to disability rights and
unified action
CALIFORNIA LEGISLATURE
* Report on Bills Impacting ADA
& Access
* No Action On Leslie Bill Since
Introduction in December
SACRAMENTO - Several bills have
been introduced in the California Legislature since December that could
have impact on people with disabilities and seniors' access to public
accomodations, employment, and rights under the 1999 US Supreme Court
Olmstead Decision, which required states to take measures to prevent the
"unnecessary institutionalization" of people with disabilities and
seniors.
No action has been taken on any of the
bills, including a bill that could turn into a very controversial measure
in the coming months. That legislation - AB 20 by Assemblymember Tim
Leslie (R-Tahoe City, 4th District) currently is a "spot bill" - meaning a
bill that contains only intent or non-substantive language but is holding
a spot until major changes can be drafted and amended into the bill
later. Currently the measure makes only technical and non-substantive
changes to existing state law regarding access of poeple with
disabilities to public accomodations. Some advocates believe Leslie will
eventually amend his bill that would call for significant changes to that
state law. Attempts by Leslie, and also by former Sen. Rico Oller last
year to make changes to that law were killed in its first committee.
Regulations not yet released or
Legislation not yet introduced:
* Tort reform for health facilities
(including skilled nursing facilities, etc)
* Dignity with death (physician aid in dying
for terminally ill persons, sometimes called "assisted suicide" by
opponents). Assemblymember Patty Berg (D-Eureka, 1st District) intends to
introduce legislation within a few weeks, co-authored by Assemblymember
Lloyd Levine (D-Van Nuys, 40th District). A informational hearing was
held January 21 in Los Angeles, on impact to people with disabilities, and
a second scheduled for February 4 (Friday) at the State Capitol, with a
focus on competency. This will likely be a huge controversial issue that
will likely go through the entire two-year session. In 1999
Assemblymember Dion Aroner attempted to pass similar legislation, which
died on the Assembly floor (AB 1592).
* Medi-Cal estate recovery regulations that
will have impact on seniors and people with disabilities (depending on
their assets and income level)
* Actual detailed budget related bills
regarding Governor's Medi-Cal Redesign proposal, and other budget
proposals - and no action yet on the Governor's budget proposals.
* Review of all In-Home Supportive Services (IHSS)
regulations by Department of Social Services.
* California Performance Review
recommendations now being heard before the Little Hoover Commission.
SUMMARY OF ACCESS, AMERICANS WITH
DISABILITIES ACT,
OLMSTEAD DECISION BILLS
Note: Please see other CDCAN Capitol News
Reports for summaries on bills covering other areas, including education,
community-based organizations and direct care workers, etc. Bills listed
below with a ** before the bill number indicates it is potentially either
very controversial or potentially significant to people with disabilities
and seniors. This summary includes bills impacting access (to public
accommodations, buildings, compliance with other provisions of the federal
Americans With Disabilities Act and the subsequent 1999 US Supreme Court
Olmstead Decision that called on states to prevent “unnecessary
institutionalization” of people with disabilities and seniors. Also
includes accessible voting issues and access to government proceedings.
** 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 implement a statewide uniform
assessment of persons residing or a patient in these facilities, as
developed and adopted by the Secretary of California Health and Human
Agency. Would require the health facilities to adopt procedures that are
in compliance with the uniform patient assessment.
INTRODUCED: 12/06/04
CURRENT STATUS AS OF 1/30/05: Referred to
Assembly Health Committee on 1/6/05. [no hearing set yet]
NEXT STEPS: Bill needs to be heard in
committee before it can move forward. Bill will likely be amended before
hearing.
HOW THIS IMPACTS PEOPLE WITH
DISABILITIES/SENIORS: This bill 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 (527
U.S. 581). The current version of this bill currently does not include
people with developmental disabilities in those facilities, but will do so
when the bill is amended.
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 have urged 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 but
issued an executive order that same day creating an Olmstead Advisory
Committee within the California Health and Human Services Agency. Members
were recently appointed last week.
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.
INTRODUCED: 12/06/04
CURRENT STATUS AS OF 1/30/05: No action on
this bill since it was introduced. Bill has not yet been referred to a
policy committee.
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. Bill will need to be amended before any hearing as it only
contains “intent” language.
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.
AB 124 – CIVIL SERVICE: EQUAL
OPPORTUNITY PROGRAMS
AUTHOR: Assemblymember Mervyn Dymally
(D-Compton, 52nd District)
WHAT THIS BILL PROPOSES TO DO: Would revise
specific State Civil Service provisions related to affirmative action to
instead require each state agency to establish an equal opportunity
program to ensure that the state policy of providing equal access to state
jobs, work assignment, training, and other employment-related
opportunities for all qualified job applicants and employees, based on
merit and, is fully implemented. It would require the State Personnel
Board to conduct specified activities, including the collection of
specific employment data based on race, ethnicity, gender and also
disability.
INTRODUCED: 01/13/05
CURRENT STATUS AS OF 1/30/05: Referred to
Assembly Public Employees, Retirement and Social Security Committee.
NEXT STEPS: Bill needs to scheduled for
hearing before it can move forward – though can’t be heard until after
February 13 at the earliest.
IMPACT ON PEOPLE WITH DISABILITIES &
SENIORS: The bill, as currently written, focuses on gender and race –
though disability issues are mentioned briefly. The State Civil Service
Act requires each state agency to establish an affirmative action program
withand to establish goals and timetables designed to overcome any
identified underutilization of minorities and women. Some parts of these
existing provisions have been held to be in violation of the California
Constitution and the United States Constitution and this bill is meant to
address and correct those violations.
AB 181 – LEGISLATIVE HEARINGS:
CLOSED/LIVE CAPTIONING
AUTHOR: Assemblymember Robert (Bob) Huff
(R-Diamond Bar, 60th District)
WHAT THIS BILL PROPOSES TO DO: Would enact
the Legislative Captioning Act of 2005,
which provides that committee hearings and
floor sessions and joint hearings of both houses closed-captioned and
live-captioned
INTRODUCED: 01/24/04
CURRENT STATUS AS OF 1/30/05: Introduced on
01/24/05
NEXT STEPS: Bill needs to be assigned to a
policy committee and cannot be heard until after 02/24/05.
HOW THIS IMPACTS PEOPLE WITH
DISABILITIES/SENIORS: While many of the major hearings and all of the
floor sessions of both houses are televised by the Legislature, no
captioning is currently provided. This bill would help make the
Legislative process more accessible for persons who are Deaf, or having
hearing needs,
AB 195 – STATE CIVIL SERVICE –
EMPLOYMENT DISCRIMINATION
AUTHOR: Assemblymember Mervyn Dymally
(D-Compton, 52nd District)
WHAT THIS BILL PROPOSES TO DO: Would
authorize the State Personnel Board to award reasonable attorney's fees
and costs, including expert witness fees to a state employee, in addition
to existing actions (upgrade an employee with or without backpay,
reinstatement, compensatory damages) allowed under state law for
discrimination in public employment including on the bases of physical or
mental disability or age.
INTRODUCED: 01/27/04
CURRENT STATUS AS OF 1/30/05: Introduced on
01/27/05
NEXT STEPS: Bill needs to be assigned to a
policy committee and cannot be heard until after 02/24705.
HOW THIS IMPACTS PEOPLE WITH
DISABILITIES/SENIORS: If passed, could impact those state employees who
have a disability or who are seniors and feel there has been on-the-job
discrimination.
URGENT - CONTRIBUTIONS
NEEDED TO CONTINUE EFFORT CAN CONTRIBUTE VIA NON-PROFIT 501(c)3 see below
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 in 2005.
Please make check or money
order to: California Disability Community Action Network (or abbreviate
CDCAN) OR, if for tax deduction purposes, you can make the check out to
TTSR (Training Toward Self Reliance), which is a 501C-3 non-profit
organization, and indicate on check that contribution is for support for "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 (see
below for mailing address)
* How To Receive CDCAN
Capitol News Reports and Alerts
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. If
you would like to get on this distribution (and conversely, get off of it)
please send an email with that request to:
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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
New WEBSITE address: www.cdcan.us
1225 8th Street Suite 480
Sacramento, CA 95814 VOICE PHONE: 916/446-0013
FAX number: 916/446-0026
email: martyomoto@rcip.com
