CALIFORNIA
DISABILITY COMMUNITY ACTION NETWORK
CDCAN CAPITOL
NEWS REPORT #019-2005
www.cdcan.us
March 29, 2005 - Tuesday late afternoon
Linking people to disability rights and
unified action
STATE LEGISLATION: AB 654
* PHYSICIAN ASSISTED DYING BILL
SET FOR JUDICIARY HEARING 4/12
* DISABILITY ADVOCATES
MOBILIZING AGAINST BILL
* BILL BASED ON OREGON LAW UNDER
REVIEW BY US SUPREME COURT
SACRAMENTO - Legislation calling for
enactment of a physician assisted dying law modeled after a 1994 Oregon
statute is scheduled for its first critical legislative hearing before the
Assembly Judiciary Committee on April 12, Tuesday morning at 9:00 AM, at
the State Capitol in Room 4202. [Note: date, time and room subject to
change]. AB 654 by Assemblymember Patty Berg (D-Eureka), titled the
"California Compassionate Choice Act" is already generating intense
controversy on the issue of physician assisted dying for adults who are
terminally ill. Advocates have been mobilizing people with disabilities,
seniors and other groups across the state to oppose the bill. [see CDCAN
Alert later this week on this issue]
The US Supreme Court will weigh in on the
issue next fall when it reviews litigation filed by the US Department of
Justice against the Oregon statute, which some Capitol observers feel
could give members of the Assembly a compelling reason to hold off on
taking action on the bill this year - and to avoid the controversy that
the bill brings.
The bill would authorize "competent
adults" who have been determined by two doctors to be terminally ill, to
make a request for medication to end of their lives in what Assemblymember
Berg says would be in a "humane and dignified manner". Berg said that her
bill would not apply to people with cognitive disabilities, including
those with developmental disabilities though disability advocates have
raised concerns on how those disabilities are determined for the purposes
of physician assisted dying. In addition, some advocates have questioned
the accuracy of determinations of terminal illnesses.
Many advocates for people with
disabilities, including Californians for Disability Rights, Disability
Rights Education and Defense Fund are strongly opposed to the measure that
is patterned after a Oregon statute passed by voters in 1994. Other
groups, including the California Medical Association and the Alliance of
Catholic Health Care have taken stands to oppose the bill. In 1999, some
senior advocacy organizations supported a similar bill introduced by then
Assemblymember Dion Aroner (D-Berkeley), which died in Assembly
Appropriations Committee, though it is not known yet what position they
will take on the Berg legislation. Berg has said that in many instances
physician assisted dying is already happening, and that her bill would
provide protections to allow people who are terminally ill to die with
"dignity". Some disability advocates say that AB 654 only will protect
those doctors who assist people in dying - and offers no real protections
to those people who may be terminally ill - and fear that the State will
ultimately expand who would be covered under the bill. Berg disputes that
assertion. Some disability advocates argue that the State cannot be
trusted to properly enforce whatever protections and safeguards AB 654
proposes when California has failed to fully comply with the 1999 US
Supreme Court Olmstead Decision, which required the states to take
measures to prevent the "unnecessary institionalization" of people with
disabilities and seniors.
Berg, a respected former advocate for
seniors and chair of the Assembly Aging and Long Term Care Committee, held
two informational hearings on the issue of physician assisted dying with
the Assembly Judiciary Committee in early February in Los Angeles and at
the State Capitol. The legislation faces a difficult road for passage
this year because it also must be heard and passed out of Assembly Public
Safety Committee before the April 29th legislative deadline - and then
must pass out of Assembly Appropriations Committee, before going to the
Assembly Floor.
MEMBERS OF THE ASSEMBLY JUDICIARY
COMMITTEE
Total: 9 Members Required for Passage: 5
votes
State Capitol Address for all below:
Assemblymember -----, State Capitol, Sacramento, CA 95814
Democratic Members (6):
* Chair: Assemblymember Dave Jones
(D-Sacramento, 9th District)
Capitol Office Phone: 916/319-2009 Capitol
Office FAX: 916/319-2109
* Noreen Evans (D-Santa Rosa, 7th District)
Capitol Office Phone: 916/319-2007 Capitol
Office FAX: 916/319-2107
* John Laird (D-Santa Cruz, 27th District)
Capitol Office Phone: 916/319-2027 Capitol
Office FAX: 916/319-2127
* Lloyd Levine (D-Van Nuys, 40th District)
Capitol Office Phone: 916/319-2040 Capitol
Office FAX: 916/319-2140
* Sally Lieber (D-Mountain View, 22nd
District)
Capitol Office Phone: 916/319-2022 Capitol
Office FAX: 916/319-2122
* Cindy Montanez (D-San Fernando, 39th
District)
Capitol Office Phone: 916/319-2039 Capitol
Office FAX: 916/319-2139
Republican Members (3):
Vice Chair: Assemblymember Tom Harman
(R-Huntington Beach, 67th District)
Capitol Office Phone: 916/319-2067 Capitol
Office FAX: 916/319-2167
* Ray Haynes (R-Riverside, 66th District)
Capitol Office Phone: 916/319-2066 Capitol
Office FAX: 916/319-2166
* Tim Leslie (R-Tahoe City, 4th District)
Capitol Office Phone: 916/319-2004 Capitol
Office FAX: 916/319-2104
BACKGROUND
* 1992 - California voters rejected 46-54% in
November 1992 a ballot initiative, Proposition 161, which would have
allowed either the administration of lethal medications by a physician or
self-administration of lethal medications by a patient.
* 1994 - Oregon's "Death with Dignity Act"
initiative, Measure 16, which AB 654 is based on, passed by Oregon voters
by a narrow 51-49% in November 1994.
* 1995 - two bills (AB 1080 by former
Assemblymember Martinez, and AB 1310 by former Assemblymember Mazzoni)
both modeled after the Oregon law, were introduced and died in committee.
Neither bill was heard in committee.
* 1997 - Implementation of the Oregon law
was delayed until 1997 by an injunction, which was lifted by the US 9th
Circuit Court of Appeals on October 27, 1997 ( Lee v. State of Oregon
, 107 F.3d 1382). The law was implemented later in 1997.A ballot
measure in November 1997 (Measure 51) to repeal the Act failed by a vote
of 60-40%.
* 1999 - Former Assemblymember Dion Aroner
(D-Berkeley) carried legislation in 1999 (AB 1592) called "Death With
Dignity" that was nearly identical to the Oregon law. The Aroner bill
passed out of the Assembly Judiciary Committee by a narrow 8-7 vote, but
died in Assembly Appropriations Committee in 1999.
NEXT STEPS
The bill has a long and difficult road ahead
before it is even considered on the Assembly Floor if it gets that far
this year:
* PROSPECTS - the bill - and the issue
clearly are controversial, especially in light of the national attention
on Terri Schiavo, even though her specific situation would not be covered
in the current version of the Berg legislation. However the debate on end
of life issues linked to disabilities and rights of people with
disabilities will likely only be intensified by AB 654 and the upcoming
hearing. Assembly Speaker Fabian Nunez (D-Los Angeles) said earlier that
it was a difficult issue and that he shifts his own personal position on
the bill almost :"day to day". Given the growing controversy, it is not
certain what theAssembly Judiciary Committee will do.
* POLICY COMMITTEES - AB 654 was referred by
the Assembly Rules Committee to two different policy committees (in this
instance, Assembly Judiciary Committee and Assembly Public Safety
Committee) which is unusual, but common for controversial bills - however
ot means that the bill faces an additional major hurdle before it can even
go to Assembly Appropriations Committee. In 1999 the Aroner legislation
was only referred to the Assembly Judiciary Committee.
AB 654 must pass out of both policy
committees before April 29th in order to continue on in the
legislative process this year. That deadline can be waived sometimes. If
the bill fails to pass out of either committee before the deadline, no
further action can be taken on the bill this year. The bill could be
considered next year (the second year of the Legislature's two year
session). The bill has not yet been scheduled for any hearing before the
Assembly Public Safety Committee.
* ASSEMBLY APPROPRIATIONS COMMITTEE - if the
bill passes out of both policy committees, it must pass out of this
committee, which considers the fiscal impact on the State. In 1999, AB
1592 died in this committee. If AB 654 passes out of this committee, it
would then go to the Assembly Floor for consideration. If it passes the
Assembly, it must repeat essentially the same process in the State Senate.
URGENT!
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going in 2005. Please make check or money order to: California
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