CDCAN
CALIFORNIA DISABILITY COMMUNITY ACTION
NETWORK
DISABILITY RIGHTS NEWS REPORT
#064-2006 June 27, 2006 - Tuesday early evening 7:55 PM
Advocacy Without Borders:
Connecting people
with disabilities &
seniors to rights
and unified action
IN MEMORY OF WARREN A. MATTINGLY WHO PASSED AWAY MAY 24
1225
8th
Street Suite
480 - Sacramento, CA 95814 916/446-0013 Fax: 916/446-0026
To Respond to THIS email report reply to: martyomoto@rcip.com
CDCAN website: www.cdcan.us
"Compassionate Choices Act":
* ASSISTED SUICIDE BILL
FAILS PASSAGE 2-2
* SENATE JUDICIARY COMMITTEE REJECTS BILL
* COMMITTEE CHAIR SEN. DUNN OPPOSED MEASURE
* ACTION ON AB 651 LIKELY FINAL ACTION FOR YEAR
SACRAMENTO - The State Senate Judiciary Committee blocked passage of
AB 651 by Assemblymember Patty Berg (Democrat - Eureka, 1st
District), controversial legislation that would permit doctors to
prescribe medications to persons
who are diagnosed with a terminal illness with 6 months or less to
live,
to hasten their death - commonly referred to as assisted suicide. The
bill, titled the "Compassionate Choices
Act" is co-authored
by Assemblymember Lloyd Levine
(Democrat - Van
Nuys, 40th District). Sen. Sheila Kuehl (Democrat - Santa Monica, 23rd
District) a member of the Senate Judiciary Committee, is also a
co-author of the bill. The initial vote after hearing testimony this
afternoon was 1-1 (Dunn voting no, Kuehl voting yes) and the final roll
call vote taken just after 7:30 PM was 2-2 (Escutia and Kuehl voting
yes, Dunn and Harman voting no). It takes 3 votes for bills to pass
out of the Senate Judiciary Committee. Morrow was not present during
the hearing.
The bill was granted
"reconsideration" - meaning if the committee meets again, it is
eligible for another vote. The action on AB 651 however is likely to
be the final one
for the 2006 session because the deadline for policy committees - like
Senate Judiciary Committee - to meet and report out bills for the year
is June 30. Sometimes bills can be granted waivers to hold hearings
beyond the deadline, but given the opposition of the chair to the bill,
it doesn't appear likely.
Sen. Dunn Key Vote Against Bill
Sen. Joe Dunn (Democrat - Santa Ana, 34th District), the committee
chair, was the key vote on the five member panel that is controlled by
the Democrats. Passage of any bill in the Senate Judiciary Committee
requires 3 votes.
The Santa Ana Democrat said he did not know how he was going to vote
when he gaveled the
hearing to order and wanted to listen to the testimony on the
perspective of "broader public policy". He cited the previous
informational hearing on the bio-ethics of physician assisted suicide
and the testimony of several persons, including a doctor who testified
at that hearing and was in
support of the legislation. Dunn expressed reservations about the
"power of money" that often drives public policy that in the case of AB
651, could result in broadening the law - if it passed - far beyond
what was before the legislature now. He then announced his
opposition to AB 651.
Opponents and Supporters Pack Hearing Room
Each side had 4 persons each
who provided the
primary testimony in support and opposition. Each side had over 30
individuals each testifying in favor and against the bill.
Supporters of the bill said it would put in place "death with dignity"
similar to a law in Oregon passed by voters in 1994 and
would give Californians facing terminal illness with a right to privacy
and choice, and, as one disability rights advocate said, a right to
independence and autonomy. Supporters at the hearing included manyl
senior advocacy
organizations, including Congress of California Seniors, Gray Panthers,
Older Womens League and some disability advocates and groups.
Opponents said the bill would decriminalize physician assisted suicide
that takes away
individual choice and rights for most Californians and puts people with
disabilities and other vulnerable people on the "slippery slope" that
will result in denial of needed healthcare and services. Opponents
included
numerous disability rights and advocacy groups across the state, some
religious affiliated organizations including Catholics for the Common
Good, , the California Medical Association, League of United Latin
American Citizens (LULAC) Western Service
Workers Association, Disability Rights and Education Defense Fund,
Californians for Disability Rights Inc., and California Foundation for
Independent Living Centers, Freed Center for Independent Living, Dale
MacIntosh Center, Not Dead Yet and other groups and organizations.
Berg and Levine Previously Authored AB 654
* Berg and Levine previously authored AB 654 which passed last year out
of the Assembly Judiciary and Appropriations Committee but died on the
Assembly floor without a vote.
* Berg and Levine on June 6, 2005 amended the contents of AB 654 into
AB 651 (deleting the original provisions that was on a different
subject). AB 651 - in a different form - passed the Assembly and waited
for hearing in the Senate Judiciary Committee before the provisions of
AB 654 was amended into it (a common process that is referred to as
"gut and amend" - removing the previous version of the bill, and
replacing it with new provisions).
* In 1992, California voters
rejected a ballot measure
that proposed a law regarding lethal injections for persons
with terminal illnesses.
* In 1994 the voters of Oregon approved a new
state law titled "Death With Dignity Act".
* In 1999 then Assemblymember Dion Aroner (Democrat - Berkeley)
authored
AB 1592 which mirrored the Oregon law, passed out of both Assembly
Judiciary and Appropriations Committee, but was held on the Assembly
Floor and died there.
FINAL CDCAN VOTE RECORD REPORT (AS OF 7:50 PM JUNE 27)
Senate Judiciary Committee
(5 members total - takes 3 votes to pass out of committee)
Members - Democrats (3): Sen.
Joe Dunn, Chair (Democrat - Santa Ana, 34th District), Martha Escutia (Democrat - Whittier, 30th District) and Sheila
Kuehl (Democrat - Santa Monica, 23rd District)
Members - Republicans (2): Sen.
Bill Morrow, Vice Chair (Republican - Oceanside, 38th District), Tom Harman (Republican - Huntington Beach, 35th
District)
Bill: AB 651 -
Compassionate Choices Act
Action 06/27/06: Failed to pass out
of committee
Voting YES:
Democrats (2): Escutia, and Kuehl
Republicans: (0): -none-
Voting NO
Democrats (1): Dunn
Republicans (1): Harman
Not Voting, Not Present or Abstain
Democrats (0): -none-
Republicans (1): Morrow
CDCAN
Capitol
News Reports and Alerts
These CDCAN Reports are
partially funded by a small grant from the USC UCEDD, Grant #90DD0540
from the Administration on Developmental Disabilities. The opinions
expressed or content in these reports do not necessarily reflect the
views or opinions of the USC UCEDD.
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MANY THANKS to Training Toward Self Reliance, UCP, California NAELA,
Californians for Disability Rights, Inc (CDR), CHANCE Inc, Parents
Helping Parents, Arriba,
Strategies Toward Empowering
People, Parents Helping Parents, Asian American parents groups,
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families, and hundreds of
individuals. Thanks also to partnerships and the good people with the
State Council on Developmental Disabilities, and also the Department of
Health Services, the Department of Developmental Services, Department
of Social Services and the CA Health and Human Services Agency and
other agencies, and the State Legislature and staff, the Legislative
Analyst Office. Good people who do good things can make a difference
together.