Governor's Actions As Deadline Approaches
* VETOES AB 3056 - MODES OF IHSS SERVICE DELIVERY
* APPROVES AB 1858 SPECIAL ED FOSTER CHILDREN NONPUBLIC SCHOOLS
* VETOES AB 662 SPECIAL ED BLIND & VISUALLY IMPAIRED STUDENTS
* APPROVES SB 1262 CHARITABLE CONTRIBUTIONS BILL

SACRAMENTO  -  Governor Arnold Schwarzenegger, facing a deadline  to approve or veto bills before October 1, took action on several bills on Thursday (9/30)  - with several having impact on people with disabilities, including vetoing AB 3056 that would have put in place a review process before a county could discontinue a mode of In-Home Supportive Services service delivery and approved a special education bill (AB 1858) that has drawn some opposition from several parent advocacy groups. He vetoed another special education bill (AB 662)  that would have created a task force for blind and visually impaired special education students, and signed legislation that would implement tighter regulations on charitable contributions and fundraising by non-profit community-based organizations (SB 1262).

A CDCAN Capitol News Report will be issued immediately when the Governor takes action on the remaining bills left on his desk impacting people with disabilities or seniors.  A full report will be issued later on Friday by subject area covering ALL bills that the Governor has taken action on.

SUMMARY OF BILLS THE GOVERNOR TOOK ACTION ON 9/30
This is a summary of some of the bills that the Governor took action today, the last day for the Governor to approve or veto bills.  More details, including a full CDCAN summary of each bill will be released in a separate CDCAN Capitol News Report wrap-out after the deadline for the Governor to sign or veto bills.

SPECIAL EDUCATION
* AB 662 - SPECIAL EDUCATION: BLIND AND VISUALLY IMPAIRED STUDENTS
AUTHOR: Assemblymember John Dutra (D-Fremont)
CURRENT STATUS: VETOED by the Governor on 9/30/04
VETO MESSAGE BY GOVERNOR:
"I am returning Assembly Bill 662 without my signature.
This bill's intention to create another advisory task force within the California Department of Education (CDE) is unnecessary,  The California Blindness Advisory Task Force that was established by the Office of the Superintendent of Public Instruction years ago, issued a report in 2002, "A Future View: Quality Education for all Students Who Are Blind and Visually Impaired."  To date, none of the recommendations made by that task force have been implemented by the CDE.
While I believe in addressing the special needs of blind and visually impaired students in California, the inability of the CDE to act upon a prior task force's recommendations does not warrant the creation of yet another task force within the department to address the same needs.
For these reasons I am unable to support this legislation.
Sincerely  /s/  Arnold Schwarzenegger"
WHO THIS IMPACTS: Students who are blind or who have visual impairments and their families.

* AB 1858 - SPECIAL EDUCATION: FOSTER CHILDREN NONPUBLIC SCHOOLS
AUTHOR: Assemblymember Darrell Steinberg (D-Sacramento)
CURRENT STATUS: APPROVED by the Governor on 9/30/04 [chapter number not yet available]
MESSAGE BY GOVERNOR AFTER SIGNING BILL:
"I am signing Assembly Bill 1858 with the understanding that some clean-up legislation will need to be pursued during the next legislative session.  My Administration looks forward to working together with the Legislature to ensure the education provided to the foster youth impacted by this bill will be at the quality they deserve.
Sincerely,  /s/  Arnold Schwarzenegger"
WHO THIS IMPACTS:  Foster youth with special needs in special education programs by implementing new requirements on nonpublic nonsectarian schools (NPS) which provide special education to foster youth who reside in  licensed children's institutions and foster family homes.

COMMUNITY-BASED ORGANIZATIONS AND SERVICES
* SB 1262 - CHARITABLE DONATIONS: NON-PROFIT ORGANIZATIONS
AUTHOR: Sen. Byron Sher (D-Stanford)
CURRENT STATUS: APPROVED by Governor on 9/30/04 [chapter number not yet available]
MESSAGE BY GOVERNOR AFTER SIGNING BILL:
"I am signing Senate Bill 1262 with the understanding that while I support transparency, accountability and curbing unscrupulous activities, I encourage the Legislature to ensure the non-profit community is not subjected to needless bureaucracy thereby potentially hampering the work and contributions made by non-profits who are serving California communities in need.
The non-profit community provides needed education, outreach and assistance to California communities in various ways, including charitable donations.  These non-profits also provide citizens with ability to get involved and be a part of positively impacting communities throughout our state.  Therefore, if this bill results in unnecessary expense to the non-profit community I encourage the Legislature to revisit this issue.
Sincerely  /s/  Arnold Schwarzenegger"
WHO THIS IMPACTS:  Though not specifically focused on non-profit community-based organizations serving people with disabilities, this bill will impact many of those organizations who do fundraising by establishing the  "The Nonprofit Integrity Act (Act) of 2004, revises, recasts and adds to the law regulating charitable organizations, commercial fundraisers and  fundraising counsel

* AB 3056- IHSS MODES OF DELIVERY
AUTHOR: Assemblymember Juan Vargas (D-San Diego)
CURRENT STATUS: Vetoed by the Governor on 9/30/04.
VETO MESSAGE BY THE GOVERNOR:
"I am returning Assembly Bill 3056 without my signature.
This bill defines in statute how the counties should conduct their business and how they make their business decisions.  The bill would limit counties' flexibility to operate the In-Home Supportive Services  program efficiently and effectively by preventing them from making needed program changes in a timely and appropriate manner.  The counties already have the correct authority to do this if they so choose.  The bill would also delay and possibly prevent future General Fund savings by delaying or preventing a county from eliminating a more costly mode of service delivery (the Contract Mode).
For these reasons I am returning this bill without my signature.
Sincerely  /s/  Arnold Schwarzenegger"
WHO THIS IMPACTS:  Potentially IHSS recipients and workers, public authorities and county governments - though the impact will vary from county to county and how program changes are made.  The bill would have established a procedure to be followed prior to a  county discontinuing a mode of In-Home Supportive Services service delivery that some advocates claimed would provide public scrutiny and protections before such changes were approved.

HEALTH AND MEDI-CAL
Note: The Governor vetoed the remaining bills that were part of a package of legislation dealing with Canadian prescription drugs  on 9/30/04.

* AB 2248 - PARKINSON'S DISEASE REGISTRY
AUTHOR: Assemblymember Darrell Steinberg (D-Sacramento)
CURRENT STATUS: APPROVED by Governor on 9/30/04 [chapter number not yet available]
WHO THIS IMPACTS:  Persons with Parkinson's disease and their families.  Creates a statewide registry for Parkinson's Disease that would require the Department of Health Services  to conduct a program of epidemiological assessments of the incidence of Parkinson' s disease and establish a similar system for the collection of information determining the incidence of Parkinson's disease.

* AB 2285 - MEDI-CAL - PROOF OF ELIGIBILITY
AUTHOR: Assemblymember Judy Chu (D-Monterey Park)
CURRENT STATUS: VETOED by Governor on 9/30/04.
VETO MESSAGE BY GOVERNOR:
"I am returning Assembly Bill 2285 without my signature.
The Department of Health Services remains in litigation over some of the issues relevant to this legislation, and it is premature to mandate activities that are currently being reviewed by a court of law.  The necessary funding to provide the Department of Health Services with resources to implement this bill was not included in the Budget Act of 2004.  During this period of severe budget crisis in the State, I am unable to prioritize this legislation above other necessary activities.
For these reasons I am returning this bill without my signature.
Sincerely  /s/  Arnold Schwarzenegger"
WHO THIS IMPACTS: Medi-Cal recipients, providers. The bill would have required hospitals to provide documentation that
confirms Medi-Cal eligibility to other treating providers.  Entitles Medi-Cal recipients  to reimbursement when a Medi-Cal provider inappropriately bills and collects payment for services covered by Medi-Cal.  Requires the Department of Health Services to take specified actions when a provider fails to provide required reimbursement.

DEVELOPMENTAL CENTERS & STATE HOSPITALS
* AB 955 - SONOMA DEVELOPMENTAL CENTER SURPLUS PROPERTY
CURRENT STATUS: VETOED by Governor on 9/30/04.
VETO MESSAGE BY GOVERNOR:
"I am returning Assembly Bill 955 without my signature.
While I support the desire to establish surplus property at the Sonoma Developmental Center as an extension of Jack London State Historic Park or the Sonoma Valley Regional Park, I believe that existing state statute authorizes the Department of General Services to accomplish this task without the need for additional legislation.
This bill would have required the Department of General Services to transfer any designated surplus property at the Sonoma Developmental Center to the Department of Parks and Recreation for the purposes of extending Jack London State Historic Park.  Additionally, the bill would have allowed the Department of Parks and Recreation to transfer any surplus property to the County of Sonoma for the purposes of extending Sonoma Valley Regional Park.
Sincerely /s/  Arnold Schwarzenegger"
WHO THIS IMPACTS:  No direct or immediate impact to any resident living at Sonoma Developmental Center or their families.

FOR MORE INFORMATION ABOUT CA DISABILITY COMMUNITY ACTION NETWORK
URGENT - CONTRIBUTIONS NEEDED TO CONTINUE EFFORT
Many many, thanks again,  to the friends, people with disabilities and their families, community organizations and others who have sent in generous and needed contributions and donations.  Contributions from people and organizations is  very urgently needed to keep the advocacy efforts going for the next several months, as we work to establish non-profit status which we are working on.. Apologies to anyone who have not yet received a thank you - email, letters, calls have been overwhelming!  Your help is needed though to keep the effort going!
Please make check or money order  to:  California Disability Community Action Network  (or abbreviate CDCAN).  A method to contribute by credit card (through Paypal) is NOW set up on our website, at www.cdcan.us [new site address]  Send contributions to: California Disability Community Action Network,  1225 8th Street Suite #480, Sacramento, CA  95814.
* Who Is CDCAN?
The California Disability Community Action Network is a non-partisan link to thousands of Californians with developmental and other disabilities, people with traumatic brain and other injures, seniors and their families, community organizations and providers, direct care and other workers, and other advocates. These action alerts and news reports is for all of them. In addition it also goes to news organizations, state and local government officials and staff.
* How To Receive CDCAN Capitol News Reports and Alerts
If you would like to get on this distribution (and conversely, get off of it) please send an email with that  request to:  martyomoto@rcip.com OR sign up via the NEW CDCAN website at www.cdcan.us  Sharing information is part of our organizing effort. Please feel free to forward or copy  this (attribution is nice). We're all in this together!
* How To Contact CDCAN
Marty Omoto, director/organizer  WEBSITE:  www.cdcan.us [new address]
1225 8th Street Suite 480 Sacramento, CA 95814   VOICE PHONE: 916/446-0013
FAX number: 916/446-0026        email: martyomoto@rcip.com
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