CDCAN DISABILITY
RIGHTS NEWS REPORT
California
Disability Community Action Network
California
Disability Community Action Network
Advocacy
Without Borders: One Community
News Impacting People With
Disabilities, Mental Health Needs, Seniors & others, including
Asian Pacific Islanders, Latinos, African Americans communities across
California and beyond
Goes out to over 45,000
people, organizations, policy makers across California
REPLY TO: MARTY OMOTO -
martyomoto@rcip.com
website: www.cdcan.us
Report #075-2008 -
April 17, 2008 - Thursday
California Legislature
* SEVERAL CIVIL RIGHTS BILLS SET FOR
HEARING
* AB 2533 BY KEENE IN ASSEMBLY JUDICIARY
* SB 1766 BY MCCLINTOCK IN SENATE JUDICIARY
* BOTH SET FOR HEARING ON APRIL 29TH
* AB 2717 Special Ed Burden Of Proof Bill 4/23 Assembly
Education
Major Potential Impact to People With Disabilities,
Seniors, Mental Health Needs
SACRAMENTO (CDCAN) - Two civil rights related bills, AB
2533 by Assemblymember Rick Keene (Republican - Chico, 3rd District)
and SB 1766 by Sen. Tom McClintock (Republican - Thousand Oaks, 19th
District), dealing with access rights impacting children and adults
with disabilities, seniors, mental health needs, persons who are blind
and persons who are deaf are scheduled for hearing on April 29th in
the Senate and Assembly Judiciary Committees. Copies of this and
all other bills in this report are on the CDCAN website at www.cdcan.us
A CDCAN Townhall Telemeeting will be scheduled regarding these bills
and other bills, to provide opportunity for hundreds of people with
disabilities, mental health needs, seniors and others to hear about
the bills, make comments and ask questions.
People Can Still Write To Committee Members On Bills
Below are hearing dates and lists of bills, including several with
details and summaries. Also listed are committee memberships of
both the Assembly and Senate Judiciary Committees.
[CDCAN Note: though in some cases the deadline to send in comments
or positions about bills have passed, persons who have a position on a
bill can and should still write to members of the committee - see
below for names and addresses. Emails - unless you know the
person, are not effective. US Mail, hand delivered letters and
faxes are more effective. ]
SUMMARY OF TWO KEY CIVIL RIGHTS RELATED BILLS
There are several civil rights bills impacting children and adults
with disabilities, mental health needs and seniors - including AB 1768
by Assemblymember Noreen Evans (Democrat - Santa Rosa) dealing with
Special Education Due Process Hearings ("Stay Put") which
passed out of Assembly Human Services Committee on April 15th and
heads to Assembly Appropriations (hearing date not set yet) and AB
2717 by Assemblymember Sally Lieber (Democrat - Mountain View)
relating to Special Education - Due Process Hearings: Burden of
Proof, which has been scheduled for hearing on April 23 before the
Assembly Education Committee.
Below are two civil rights related bills dealing with access rights:
AB 2533 - DISABILITY ACCESS: REMEDIES (30 DAY NOTICE)
AUTHOR: Assembly Rick Keene (Republican - Chico, 3rd District)
CDCAN SUMMARY
(As Introduced February 21, 2008. The bill has not yet been amended)
* Would require that, before filing a access complaint as, a
person would be required to first deliver a notice to the person,
firm, or corporation who is alleged to have denied or interfered with
a right of access guaranteed under law and allow for 30 days to make a
"good faith" effort to correct the problem.
* Before filing a complaint pursuant to paragraph (a) or (b) for a
violation of Section 54 or 54.1, a person shall deliver a notice to
the person, firm, or corporation who is alleged to have denied or
interfered with a right of access guaranteed under either of those
sections. The notice shall specify the physical conditions that are
alleged to deny or interfere with such a right of access.
* After receipt of the notice specified in paragraph (2), the
person, firm, or corporation shall make a good faith effort to remedy
any condition reasonably cited in the notice that denies or interferes
with a right of access guaranteed under Section 54 or 54.1.
* No action for a remedy specified in subdivision (a) or (b) may
commence unless the person, firm, or corporation who received the
notice does either of the following:
(1) Fails to commence a good faith effort, within the 30-day
period following receipt of the notice, to remedy any condition
reasonably cited in the notice that denies or interferes with a right
of access guaranteed under Section 54 or 54.1.
(2) Allows unreasonable delays in remedying such a condition, or
otherwise ceases to make a good faith effort to remedy such a
condition.
Copy of bill as introduced 02/22/08 on CDCAN website at www.cdcan.us
SCHEDULED FOR HEARING:
April 29, 2008
Assembly Judiciary Committee
09:00 AM - State Capitol, Room 4202
SB 1766 - DISABILITY: ACCESS (6 MONTH TIME PERIOD)
AUTHOR: Sen. Tom McClintock (Republican - Thousand Oaks,
19th District)
CDCAN SUMMARY:
(As introduced February 22 2008 - bill has not been amended)
* Would set forth the duty of an individual 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 set forth the duty of the owner or manager, or other
responsible party, to notify the individual of planned access
improvements, as defined in the bill, and to make those improvements
within 6 months, during which period the individual would be
prohibited from commencing a cause of action under any state disabled
access law.
* Would provide that the owner of the property upon which the
accommodation is located, if different from the owner of the
accommodation, is responsible for the cost of any access improvements
made in response to the notification provided by an individual with a
disability pursuant to these provisions.
Copy of bill as introduced 02/22/08 on CDCAN website at www.cdcan.us
SCHEDULED FOR HEARING:
SCHEDULED FOR HEARING:
April 29, 2008
Senate Judiciary Committee
01:00 PM - State Capitol, Room 4203
OTHER IMPORTANT CIVIL RIGHTS, CRIME & ABUSE
BILLS
Below are bills currently set for hearing that deals with civil rights
(including access rights), crime and abuse (and unlawful acts)
impacting children and adults with disabilities (including autism and
other developmental disabilities), mental health needs, seniors,
persons who are blind, persons who are deaf and others.
Note: bills bolded in the color red
are either seen as high priority or controversial
APRIL 22, 2008 (TUESDAY)
ASSEMBLY JUDICIARY COMMITTEE
09:00 AM - State Capitol, Room 4202
Note: Each bill limited to two main witnesses testifying for each
side. Bills heard in sign in order.
* AB 2068 (Aghazarian) - DOMESTIC VIOLENCE - ELDER ABUSE:
WORKPLACE VIOLENCE
* AB 3000 (Wolk) HEALTH CARE
DECISIONS: LIFE SUSTAINING TREATMENT
CDCAN Summary:
* Would redefine a request to forgo resuscitative measures as a
"request regarding resuscitative measures," which would be
a written document, signed by an individual, or a legally recognized
surrogate health care decisionmaker, and a physician, that addresses
the individual's preferences regarding life-sustaining treatment.
* Would include within this definition a Physician Order
for Life Sustaining Treatment form.
* Would require a health care provider treating an individual
with a Physician Order for Life Sustaining Treatment, as specified,
to follow its orders.
* Would require the health care provider to honor the order even
if a physician who executed the order does not have admitting
privileges at a hospital or health care facility where the patient
is being treated.
APRIL 23, 2008 (WEDNESDAY)
ASSEMBLY EDUCATION COMMITTEE
1:30 PM - State Capitol, Room 126
* AB 2717 (Lieber) - Special
Education: Due Process Hearings - Burden of Proof
CDCAN Summary: Would assign the burden of proof, as defined
in the bill, a due process hearing to the responsible educational
agency, except with regard to the appropriateness of a unilateral
parental placement or related services in a case where the parent or
guardian is seeking tuition reimbursement for the placement or
services
APRIL 29, 2008 (TUESDAY)
ASSEMBLY JUDICIARY COMMITTEE
09:00 AM - State Capitol, Room 4202
Note: Each bill limited to two main witnesses testifying for each side. Bills heard in sign in order.
ASSEMBLY JUDICIARY COMMITTEE
09:00 AM - State Capitol, Room 4202
Note: Each bill limited to two main witnesses testifying for each side. Bills heard in sign in order.
* AB 1880 (Tran) - Guardians and Conservators: Bonds. (Urgency)
* AB 2533 (Keene) Disability
Access: Remedies (30 Day Notice)
* AB 2616 (DeVore) Anti–SLAPP Suits
* AB 2690 (Krekorian) Product
Liability Actions: Prescription Pharmaceutical Products
CDCAN Summary: Would declare that manufacturers of prescription pharmaceutical products shall not be relieved of a duty to warn consumers of the risks and side effects solely because the product was prescribed to a patient by a physician.
CDCAN Summary: Would declare that manufacturers of prescription pharmaceutical products shall not be relieved of a duty to warn consumers of the risks and side effects solely because the product was prescribed to a patient by a physician.
* AB 2747 (Berg) - END OF
LIFE CARE
CDCAN Summary: Would provide that when an attending physician
makes a diagnosis that a patient has a terminal illness or makes a
prognosis that a patient has less than one year to live, the health
care provider shall provide the patient with the opportunity to
receive information and counseling regarding legal end-of-life
options, as specified in the bill, and provide for the referral or
transfer of a patient if the patient's physician does not wish to
comply with the patient's choice of end-of-life options.
* AB 2947 (Eng) - ELDER AND DEPENDENT
ADULT ABUSE: WAIVER OF RIGHTS
CDCAN Summary: Would prohibit a residential care facility for
the elderly (RCFE) from requiring as a condition of admission or
continued care that the elder or dependent adult or his or her representative
waive certain rights
APRIL 29, 2008 - TUESDAY
ASSEMBLY PUBLIC SAFETY COMMITTEE
09:00 AM - State Capitol, Room 126
* AB 2105 (DeSaulnier) - ELDER AND DEPENDENT ADULT ABUSE
APRIL 29, 2008 (TUESDAY)
SENATE PUBLIC SAFETY COMMITTEE
09:30 AM - State Capitol, Room 4203
SENATE PUBLIC SAFETY COMMITTEE
09:30 AM - State Capitol, Room 4203
* AB 1424 (Davis) - ELDER AND DEPENDENT ADULT ABUSE
APRIL 29, 2008 (TUESDAY)
SENATE JUDICIARY COMMITTEE
SENATE JUDICIARY COMMITTEE
01:00 PM - State Capitol, Room 4203
* SB 1096 (Calderon) - MEDICAL INFORMATION: PHARMACY
CDCAN Summary:
Would allows a pharmacy, or an entity authorized by the
pharmacy, to mail written communications to a patient,
pertaining to a prescribed course of treatment, without the
patient's authorization, under specified conditions outlined in
the bill.
* SB 1113 (Migden) - ATTORNEY'S FEES AND COSTS
CDCAN Summary: Existing State law authorizes a court, upon
motion, to award attorney's fees to a successful party against one
or more opposing parties in any action that has resulted in the
enforcement of an important right
affecting the public interest, if certain conditions are met.
* Would authorize the court to award attorney's fees and costs, including nonstatutory costs and expert witness fees, pursuant to this provision.
affecting the public interest, if certain conditions are met.
* Would authorize the court to award attorney's fees and costs, including nonstatutory costs and expert witness fees, pursuant to this provision.
SB 1136 (Alquist) - PUBLIC SOCIAL
SERVICES: UNREASONABLE FEES (Charged By Person Helping)
CDCAN Summary:
CDCAN Summary:
* Would provide that it is an unfair or deceptive trade
practice for any person to charge or receive an unreasonable fee, as
defined, to prepare or aid an applicant or recipient in the
procurement, maintenance, or securing
of public social services, including services supervised or administered by the Department of Health Care Services (including Medi-Cal, and regional center Medicaid waivered services), Department of Social Services (In-Home Supportive Services, CalWORKS, SSI/SSP) or Department of Public Health
of public social services, including services supervised or administered by the Department of Health Care Services (including Medi-Cal, and regional center Medicaid waivered services), Department of Social Services (In-Home Supportive Services, CalWORKS, SSI/SSP) or Department of Public Health
* Would also require the court to award treble damages to the
plaintiff whenever it is proven by a preponderance of the evidence
that a defendant has charged or received an unreasonable fee for
those services
* SB 1766 (McClintock) -
DISABILITY: ACCESS (6 MONTH TIME PERIOD)
(see above for details)
JUDICIARY COMMITTEE MEMBERSHIPS
SENATE JUDICIARY COMMITTEE
Total Members: 5 (takes 3 votes to pass bills out of committee)
Democrats (3):
* Chair: Sen. Ellen Corbett (Democrat - San Leandro, 10th
District)
* Sen. Sheila Kuehl (Democrat - Santa Monica, 23rd District)
* Sen. Darrell Steinberg (Democrat - Sacramento, 6th District)
(new incoming Senate President Pro Tem)
Republicans (2):
* Vice Chair: Sen. Tom Harman (Republican - Orange, 35th District)
* Sen. Dick Ackerman (Republican - Tustin, 33rd District)
Senate Judiciary Committee office (not hearing room):
State Capitol, Room 2187
Committee office phone: (916) 651-4113
Note: to write to committee members:
Name of Senator
State Capitol
Sacramento, CA 95814
ASSEMBLY JUDICIARY COMMITTEE
Total Members: 5 (takes 6 votes to pass bills out of committee)
Democrats (7):
* Chair: Assemblymember Dave Jones (Democrat - Sacramento, 9th
District)
* Assemblymember Noreen Evans (Democrat - Santa Rosa, 7th
District)
* Assemblymember Mike Feuer (Democrat - Los Angeles, 42nd
District)
* Assemblymember Paul Krekorian (Democrat - Burbank, 43rd
District)
* Assemblymember John Laird (Democrat - Santa Cruz, 27th District)
* Assemblymember Lloyd Levine (Democrat - Van Nuys, 40th District)
* Assemblymember Sally Lieber (Democrat - Mountain View, 22nd
District)
Republicans (3)
* Vice Chair: Assemblymember Van Tran (Republican - Costa Mesa,
68th District)
* Assemblymember Anthony Adams (Republican - Hesperia, 59th District)
* Assemblymember Anthony Adams (Republican - Hesperia, 59th District)
* Assemblymember Rick Keene (Republican - Chico, 3rd District)
Assembly Judiciary Committee office (not hearing room):
Legislative Office Building - Room 104
Committee office phone: (916) 319-2334
Note: to write to committee members:
Name of Assemblymember
State Capitol
Sacramento, CA 95814
URGENT!!!
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Townhall Telemeetings, reports and alerts and other activities cannot continue without your help!
Advocacy
Without Borders - We Are ONE Community:
Connecting People With Disabilities, Mental Health Needs, Seniors, Traumatic Brain & other injuries, People with MS & other health needs, including People of color, different languages, cultures, Families, Workers, Providers, & Organizations to Rights & Unified Action.
This report - and the CDCAN townhall telemeetings, and other events and projects are for all of them and for promoting advocacy without borders toward unified action. We are one community.
To respond to this report reply to: Marty Omoto at martyomoto@rcip.com CDCAN website: www.cdcan.us
To continue the CDCAN website, the CDCAN News Reports. sent out and read by over 45,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues. Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network):
CDCAN
1225 8th Street Suite 480
Sacramento, CA 95814
Note: the paypal option on the CDCAN website is temporarily not working and will be fixed soon.
The CDCAN Townhall Telemeetings are partially funded by a small grant from the USC UCEDD, Grant #90DD0540 from the Administration on Developmental Disabilities. (note: the opinions expressed or content in these reports do not necessarily reflect the views or opinions of the USC UCEDD.
MANY MANY THANKS to Alta California Regional Center, FEAT (Families for Early Autism Treatment), Friends of Children with Special Needs, Life Steps, Easter Seals California, Parents Helping Parents, UCP of Los Angeles and Ventura Counties, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Manteca CAPS, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, Tri-Counties Regional Center, Asian American parents groups, Resources for Independent Living and many other Independent Living Centers, several regional centers, People First chapters, IHSS workers, other self advocacy and family support groups, developmental center families, adoption assistance program families and children, and others across California
Connecting People With Disabilities, Mental Health Needs, Seniors, Traumatic Brain & other injuries, People with MS & other health needs, including People of color, different languages, cultures, Families, Workers, Providers, & Organizations to Rights & Unified Action.
This report - and the CDCAN townhall telemeetings, and other events and projects are for all of them and for promoting advocacy without borders toward unified action. We are one community.
To respond to this report reply to: Marty Omoto at martyomoto@rcip.com CDCAN website: www.cdcan.us
To continue the CDCAN website, the CDCAN News Reports. sent out and read by over 45,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues. Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network):
CDCAN
1225 8th Street Suite 480
Sacramento, CA 95814
Note: the paypal option on the CDCAN website is temporarily not working and will be fixed soon.
The CDCAN Townhall Telemeetings are partially funded by a small grant from the USC UCEDD, Grant #90DD0540 from the Administration on Developmental Disabilities. (note: the opinions expressed or content in these reports do not necessarily reflect the views or opinions of the USC UCEDD.
MANY MANY THANKS to Alta California Regional Center, FEAT (Families for Early Autism Treatment), Friends of Children with Special Needs, Life Steps, Easter Seals California, Parents Helping Parents, UCP of Los Angeles and Ventura Counties, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Manteca CAPS, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, Tri-Counties Regional Center, Asian American parents groups, Resources for Independent Living and many other Independent Living Centers, several regional centers, People First chapters, IHSS workers, other self advocacy and family support groups, developmental center families, adoption assistance program families and children, and others across California