CDCAN LOGODISABILITY RIGHTS NEWS REPORT
Advocacy Without Borders: One Community
Report #143-2008  August 6, 2008  Wednesday
California Disability Community Action Network Disability Rights News goes out to over 45,000 people with disabilities, mental health needs, seniors, their families, workers, community organizations, including those in Asian/Pacific Islander, Latino, African American communities, policy makers and others across California.
REPLY TO: MARTY OMOTO  martyomoto@rcip.com   website:   www.cdcan.us
REMEMBERING JOAN LEE 1927-2008 - Memorial Service August 15th
 
California Legislature
* LAST MAJOR COMMITTEE HEARINGS ON BILLS FOR 2008
* APPROPRIATIONS COMMITTEES WILL MEET THURSDAY 8/7
* BILLS COVER MEDI-CAL, SPECIAL ED, AUTISM, ACCESS & MORE
* FATE OF SB 840 SINGLE PAYER BILL WILL BE DECIDED
Scores of Bills Will Likely Be Killed - Bills That Pass Out of Appropriations Will Go To Assembly or Senate Floors for Final Votes - Fate of Many Bills That Impact People With Disabilities, Seniors
 
SACRAMENTO (CDCAN)  - Both the Senate and Assembly Appropriations Committees will meet Thursday, August 7 to decide the fate of over 430 bills in what will be the final major committee hearings for the 2008 session, which is scheduled to end on August 31 (see below for times and room locations and list of significant bills). 
 
The Appropriations Committees review legislation that have some level of possible impact on State spending. Given the enormous budget shortfall projected as high as $17.2 billion, most of the bills pending will likely be killed. Those bills that are luck,  will pass out of the Appropriations committee and head to the Senate or Assembly floors for final votes in the remaining weeks of the 2008 session. 
 
Among the hundreds of bills are dozens that have significant impact on children and adults with disabilities, mental health needs, seniors, veterans with disabilities, including those impacting people with Autism Spectrum Disorders, children in special education, Medi-Cal eligibility, rights to access and more.  CDCAN will issue a special report as information becomes available on the status of all these bills.
 
In addition to the bills in the two Appropriations Committees, are hundreds of bills waiting final action on both the Assembly and Senate floors. 
 
Assembly Appropriations Committee Will Also Hear Two Important Health Bills
Two important bills dealing with health issues will be heard before the Assembly Appropriations Committee deals with its "suspense file".  The two bills passed out of Assembly Health Committee on Monday (August 4) - SB 434 by Sen. Romero dealing with Medi–Cal: long–term care reimbursement: ratesetting methodology (continuation of the quality assurance fee for nursing facilities) and SB 981 by Sen. Perata dealing with managed care health care coverage and noncontracting emergency physician claims. 
 
SB 483 Medi-Cal Eligibility Bill Implementing Federal "Deficit Reduction Act" On Assembly Floor
Another important Medi-Cal bill, SB 483 by Sen. Sheila Kuehl dealing with Medi-Cal eligibility and implementing significant parts of the federal "Deficit Reduction Act" including increasing the exemption for Medi-Cal eligibility of the value of a person's home from $500,000 to $750,000, passed out of Assembly Appropriations on Monday (August 4) by a vote of 12 to 4, and is pending final action on the Assembly floor.  CDCAN will issue a separate report on this and other significant Medi-Cal bills on Thursday.
 
Governor's Threat To Veto Bills Sent To Him Until Budget Is Passed
* As reported Wednesday, in an unprecedented action, Governor Arnold Schwarzenegger said in a press conference at the State Capitol that he will veto any bill that is sent to him by the Legislature from this point forward, until a State Budget is passed and sent to him. 
* The impact of the Governor's action is not certain if the Legislature decides to delay sending him bills that they passed, but it is not clear however what the Governor will do with bills currently on his desk or being sent to him in the last day or so, before his announcement. 
* If the Governor vetoes bills, the Legislature can override his veto and make it become law - though that requires 2/3rds votes in both houses and in the past, very rarely happens.
* The Legislature can delay sending bills to the Governor that they have passed - a step seen as the most likely scenario. 
* It is not clear however what the Governor will do with bills currently on his desk or being sent to him in the last day or so, before his announcement.  In some cases the Legislature can pull the bill back - unless it was officially received by the Governor's office. 
 
NEXT STEPS
* After the Assembly and Senate Appropriations Committee hearings on Thursday, August 7, there will be no more regularly scheduled committee hearings (any hearings held would happen for bills that are emergency or "urgency" bills, or bills that received special permission) until the end of the legislative session on August 31.
* August 22 - Last day to amend bills on either the Senate or Assembly floors (though special permission can be granted for amendments after this date)
* August 31 - Last day to pass any bill - Legislature adjourns at the end of this day (or before if it concludes its business earlier). If a budget is not passed by this date, the Governor will have to call a special session of the Legislature to keep them in session so they can vote on a budget.  {note: there are growing rumors that the Legislature may adjourn early, possibly on August 22 (Friday) if it finishes up - as many expect - on all bills waiting final action. Under this scenario - if it happens - the Legislature would be in adjournment - but would members would be required to return immediately back to Sacramento should a budget agreement be reached among the leadership.  No budget deal however, right now, appears even close. 
* September 30 - Last day for Governor to sign or veto bills passed by the Legislature on or before September 1 and sent to him after September 1.  Bills that he does not act on by this deadline become law without his signature. 
 
SENATE APPROPRIATIONS COMMITTEE
WHEN: August 7, 2008 (Thursday)
TIME: Upon adjournment of the Senate Floor session (the Senate is scheduled to convene at 9:00 AM - so the Senate Appropriations Committee will meet at least an hour or so after that, assuming the floor session lasts at least an hour). 
WHERE: State Capitol - Room 4203
CHAIR: Sen. Tom Torlakson (Democrat - Antioch)
WHAT WILL HAPPEN:
* The Senate Appropriations Committee will hold its hearing in two parts - the first part to hear 12 bills that have not been heard before, and a re-vote (called reconsideration) on two bills. 
* The second part of the hearing will then focus on over 260 Assembly bills on the committee's "suspense file" (the "suspense file" is the name of the list of bills that have some level of possible impact on State spending. 
* All bills that have such impact are heard and then held on this list until the Senate leadership can determine which bills can be passed out to the Senate Floor for a final vote and which bills will be held in committee for the rest of the Legislative session. Bills held in committee are essentially dead.)
 
SOME OF THE SIGNIFICANT BILLS IN SENATE APPROPRIATIONS WAITING ACTION:
Note: bills listed in color red (also marked by two ** instead of one for those who have sight impairments) are bills that are particularly significant and/or drawing a lot of attention. This does not mean other means other bills are less important or that bills in red are more important - in some cases it just means it has received higher level of attention. 
EMPLOYMENT
Several bills dealing with employment issues are waiting action, but three bills deal specifically with persons with disabilities:
** AB 851 Brownley - Medi–Cal: Eligibility (California Working Disabled Program Extension)
**AB 2424 Beall - Persons with developmental disabilities: education and employment
* AB 2635 Beall - Individuals with severe disabilities: state employment.  
 
HEALTH
Several bills dealing with health, including:
**AB 1057 Beall - Adult Health Coverage Expansion Program
 
HIGH SCHOOL EXIT EXAM
The Senate Appropriations Committee will be considering 4 Assembly bills dealing with the high school exit exam. 
**AB 1503 Huff - High school exit examination: pupils with disabilities waivers..
* AB 2040 Nunez - High school exit examination.
* AB 2056 De Leon - High school exit examination.
* AB 2895 Brownley - Pupil achievement: high school exit examination
CDCAN Comment:  Another bill, SB 1446 by Sen. Gloria Romero, is back on the Assembly floor for further action (the Senate rescinded its action on August 5 and sent the bill back to the Assembly floor).  SB 1446, which is facing a likely veto from the Governor, would exempt, until December 31, 2009, eligible students with disabilities from the requirement to pass the high school exit exam as a condition of receiving a high school diploma.
 
IN-HOME SUPPORTIVE SERVICES (IHSS)
Only one bill - in either Senate or Assembly Appropriations deals specifically with IHSS, though several other bills - including SB 483 dealing with Medi-Cal eligibility, and AB 851, dealing with California Working Disabled Program, could have impact on certain persons also receiving IHSS. 
AB 2263 Caballero - In–Home Supportive Services program: Case Management Information and Payroll System
 
MEDI-CAL
Several bills in both Senate and Assembly Appropriations deals with Medi-Cal. In the Senate, most significantly is AB 851 by Assemblymember Brownley dealing with the Medi-Cal California Working Disabled Program and extending the program beyond September 2008.
** AB 671 Beall - Medi–Cal: frequent users of health services
** AB 851 Brownley - Medi–Cal: eligibility.
* AB 1701 Dymally - Medi–Cal: pilot project: transfer of pediatric patients: subacute care health facilities
* AB 2124 Beall - Medi–Cal: alcohol and drug screening and brief intervention services.
* AB 2875 Lieber - Public social services recipients: Medi–Cal eligibility.
 
MINORITIES
* AB 1930 Torrico - Emergency services: populations with limited English proficiency
REGIONAL CENTERS (PERSONS WITH DEVELOPMENTAL DISABILITIES)
* AB 2038 Lieber - Persons with disabilities: victims of crime.
** AB 2424 Beall - Persons with developmental disabilities: education and employment

SENIOR (AGING) PROGRAMS
Several bills deal with senior (aging) programs or issues, and these three deal with seniors specifically.
* AB 572 Berg. Adult day health care services
* AB 759 Karnette. Fire protection: residential care facilities for the elderly.
* AB 2319 Horton. Identification cards: renewal by mail.
SPECIAL EDUCATION
Special education was the focus of several bills this year, and these three are pending in the Senate Appropriations Committee, with AB 2717 the most attention/ That bill, if it is reported out, will likely be significantly amended. 
** AB 1503 Huff - High school exit examination: pupils with disabilities waivers..
* AB 1872 Coto - Special education: autism spectrum disorders: clearinghouse
* AB 2424 Beall - Persons with developmental disabilities: education and employment
* AB 2717 Lieber - Special education: due process hearing: burden of proof.
** AB 2783 Plescia - Special education: foster children: assessment and individualized education program.
 
MENTAL HEALTH
Several bills impacting mental health are pending in Senate Appropriations including these:
* AB 1780 Galgiani - Mental health managed care contracts.
* AB 1887 Beall - Health care coverage: mental health services.
* AB  2117 Evans - Dependent children: psychotropic medications.
* AB 3083 Committee on Veterans Affairs - Mental health: veterans
 
ASSEMBLY APPROPRIATIONS COMMITTEE
WHEN: August 7, 2008 (Thursday)
TIME: Upon call of the committee chair (call the committee office at (916) 319-2081 for exact time. 
WHERE: State Capitol - Room 4202
CHAIR: Assemblymember Mark Leno (Democrat - San Francisco)
WHAT WILL HAPPEN: 
* The Assembly Appropriations Committee will hold its hearing in two parts also - the first part to hear 13 bills that have not been heard before, or in at least two instances, bills that were heard on Monday (August 4) but required additional hearing. 
* The second part of the hearing will then focus on over 180 Senate bills on the committee's "suspense file" (the "suspense file" is the name of the list of bills that have some level of possible impact on State spending. 
* All bills that have such impact are heard and then held on this list until the Assembly leadership can determine which bills can be passed out to the Assembly Floor for a final vote and which bills will be held in committee for the rest of the Legislative session. Bills held in committee are essentially dead.)
 
SOME OF THE SIGNIFICANT BILLS IN ASSEMBLY APPROPRIATIONS WAITING ACTION:
Note: bills listed in color red (also marked by two ** instead of one for those who have sight impairments) are bills that are particularly significant and/or drawing a lot of attention. This does not mean other means other bills are less important or that bills in red are more important - in some cases it just means it has received higher level of attention. 
 
ACCESS
** SB 1608 Corbett - Disabled persons: equal access rights: civil actions
CDCAN Comment: Two previous bills authored by Sen. Tom McClintock and Assemblymember Rick Keene, both Republicans, died in the Senate and Assembly Judiciary Committees in April. This bill, SB 1608, authored by Democrats and Republicans, has so far received no opposition votes.
 
EMPLOYMENT
Several bills are waiting action in Assembly Appropriations dealing with employment (or business) issues impacting persons with disabilities. One bill - - SB 302, deals with the Workforce Investment Act, which also includes people with disabilities seeking work. 
* SB 302 Ducheny - Training expenditures: unemployment insurance: California Workforce Investment Act: local boards.
* SB 983 Correa - California Prompt Payment Act: disabled veteran business enterprises
* SB 1687 Negrete McLeod - State contracts: participation goals: persons with developmental disabilities business enterprises.
* SB 1737 Steinberg - Public utilities: procurement: persons with developmental disabilities business enterprises.
HEALTH
In Assembly Appropriations Committee, a big health care reform bill waits action among many other health related bills. SB 840, the single payer bill by Sen. Sheila Kuehl, who is termed out and will be forced out of the Legislature this year, is probably the bill that has the most attention. Another important bill that many disability and senior groups supported is SB 1198 also by Kuehl dealing with durable medical equipment.
The issue of infection controls in health facilities was a major focus of attention in both the Assembly and Senate Health Committees, with two bills focusing on the issue, among other health bills:
** SB 158 Florez. Hospitals: infection control
* SB 462 Torlakson. Hospice providers: licensed hospice facilities
* SB 535 Kuehl - Long–term health care facilities: Consumer information
* SB 825 Padilla - Public health: shaken baby syndrome.
** SB 840 Kuehl - Single–payer health care coverage
* SB  891 Correa - Health facilities: Elective Percutaneous Coronary Intervention (PCI) Pilot Program.
** SB 1058 Alquist - Health facilities: bacterial infections.
** SB 1198 Kuehl - Health care coverage: durable medical equipment.
* SB 1270 Cedillo - Pharmacy: Electronic Pedigree Task Force.
* SB 1440 Kuehl - Health care coverage: benefits.
* SB 1522 Steinberg - Individual health care coverage: coverage choice categories.
* SB 1525 Kuehl - Health care coverage: medical necessity determinations
* SB Steinberg - Health care coverage: cleft palates
 
LEGAL
Several bills in Assembly Appropriations deals with legal issues, though this one (see also "Access") has direct impact on persons with disabilities and seniors:
* SB  800 Corbett. Conservatorship and guardianship
 
MEDI-CAL
Besides hearing SB 434, the Assembly Committee will consider action on the following Medi-Cal bills: 
* SB 1132 Migden - Medi–Cal: foster care adolescents
* SB 1147 Calderon - Medi–Cal: eligibility: juvenile offenders.
* SB 1349 Cox - Medi–Cal funding: mental health services
** SB 1738 Steinberg - Medi–Cal: Frequent Users of Health Care Pilot Program
 
MENTAL HEALTH
Several bills deal with mental health in the Assembly Appropriations Committee including these two (see also "Medi-Cal"):
* SB 292 Wiggins - Seriously emotionally disturbed children: out– of–home placement.
* SB 1349 Cox - Medi–Cal funding: mental health services
 
MINORITIES
* SB 1524 Romero - California Longitudinal Pupil Achievement Data System: Asian & Pacific Islander pupils
 
REGIONAL CENTERS (PERSONS WITH DEVELOPMENTAL DISABILITIES)
These are the bills pending action in Assembly Appropriations that deals specifically with persons with developmental disabilities including persons with Autism Spectrum Disorders:
** SB 527 Steinberg - Autism Spectrum Disorders: screening.
* SB 1183 Wiggins - Developmental disabilities: health services: Sonoma Developmental Center
* SB 1364 Cedillo - Autism spectrum disorders: advisory council: centralized registry.
* SB 1475 Torlakson - Autism pilot program.
** SB 1563 Perata - Pervasive developmental disorders
* SB 1687 Negrete McLeod - State contracts: participation goals: persons with developmental disabilities business enterprises.
* SB 1737 Steinberg - Public utilities: procurement: persons with developmental disabilities business enterprises
 
SENIORS (AGING)
Some of the bills dealing with seniors (also see "Health" and "Medi-Cal")
** SB 491 Alquist - State Alzheimer’s Disease Strategic Plan.
* SB 977 Correa - California Commission on Aging: report: infrastructure for seniors
* SB 1122 Correa - Mobilehome parks.
 
SPECIAL EDUCATION
While there are several education related bills waiting action in Assembly Appropriations, none deal specifically with students in special education - though several bills cover issues (including academic performance) that in fact covers students with special needs. 
See Senate Appropriations Committee for several important special education bills and also bills dealing with the high school exit exam.
 
TRANSPORTATION
* SB  1174 Lowenthal - Vehicles: hybrid and electric vehicles: visually impaired pedestrians.
.
UTILITIES (INCLUDING TELECOMMUNICATIONS)
These bills pending action in Assembly Appropriations, deal with utilities, specifically telecommunications that should interest persons with disabilities, mental health needs and seniors: 
* SB 780 Wiggins - Telecommunications: universal service.
* SB 1149 Wiggins - Telecommunications: grants to areas not served by local exchange carriers.
* SB 1193 Padilla - Telecommunications: universal service: California Advanced Services Fund.
* SB 1737 Steinberg - Public utilities: procurement: persons with developmental disabilities business enterprises
 

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MANY MANY THANKS to Friends of Children with Special Needs, UCP of Orange County, UCP of Los Angeles and Ventura Counties, Alta California Regional Center, FEAT (Families for Early Autism Treatment),  Life Steps, Easter Seals California, Parents Helping Parents, 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