CDCAN LOGODISABILITY RIGHTS NEWS REPORT
Advocacy Without Borders: One Community
Report #144-2008  August 7, 2008  Thursday
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
* SB 840 Single Payer Bill Passes Assembly Appropriations
* SB 1608 Access Bill Approved - Heads To Assembly Floor
* SB 1198 Durable Medical Equipment Bill Passes Committee
* AB 851 Medi-Cal Working Disabled Program Held
* Special Ed Burden of Proof Bill Dies In Committee
* Autism Bills Pass Committee - Head For Floor Votes
Rumors that Legislature Intends to Adjourn Early - Possibly August 22 Even if Budget Not Passed
 
SACRAMENTO (CDCAN)  - Both the Senate and Assembly Appropriations Committees took action on over 430 bills late this afternoon, approving many that have impact on people with disabilities, seniors, people with mental health and low income families (see CDCAN Report later this evening for full report on all bills), including a major landmark health care reform bill. 
 
Rumors Circulating That Legislature Will Adjourn Early
Meanwhile, rumors are circulating in the State Capitol that both houses of the Legislature intends to adjourn the 2008 session earlier than the August 31 constitutional date, and instead adjourn on August 22, even if a state budget is not passed. Under that scenario, members from both houses would return immediately to Sacramento to vote on a budget - when an agreement is reached. 
No official or final decision has been made yet - and members and staff are concerned about the public reaction to leaving Sacramento, though the Legislature would likely finish action on all remaining bills for the 2008 session by August 22. 
Legislative leaders - who seemed more optimistic last week about a budget agreement, and have conceded this week and today that no deal is even close.  Republican leaders - and Senate President Don Perata (Democrat - Oakland) have said that a stalemate now exists.
(See separate CDCAN Report later tonight for more details on the budget) 
 
Senate Appropriations Committee Kills Almost Half of Bills It Was Holding
The Senate Appropriations Committee had 255 bills on its suspense file and killed 127 of them, passing out barely half - 128 bills.  Among those bills held in committee were many bills impacting people with disabilities, mental health needs and seniors, including AB 851 by Assemblymember Julia Brownley (Democrat - Santa Monica, 41st District) dealing with extending the Medi-Cal Working Disabled Program. 
 
The Assembly Appropriations Committee passed out 70% of about 180 bills it was holding to determine impact on the State general fund (called "suspense file") - a much better rate of passage of bills than the Senate - but nearly every bill that did pass out were amended - with only a handful of exceptions - to remove requirements that would spend State general fund money. 
The Assembly committee did pass out Sen. Sheila Kuehl's single payer health care reform bill, SB 840, as expected.  It now heads to the Assembly floor for final action - though it faces a certain veto from the Governor.  The same committee also passed out another Kuehl bill dealing with durable medical equipment (SB 1198), and a major bill dealing with access rights issues for persons with disabilities, seniors and others covered under the federal Americans with Disabilities Act and the state Unruh Civil Rights Act (SB 1608). 
 
Single Payer Health Reform Bill Passes Out of Assembly Committee
As expected, the Assembly Appropriations Committee approved SB 840, the single payer health reform bill by Sen. Sheila Kuehl (Democrat - Santa Monica) with amendments that made changes to the timeline. 
The bill, which received support from all the Democrats on the committee and opposition from the Republicans, heads to the Assembly floor for final action. 
The measure has been widely supported by many disability and senior advocacy groups, who cite that enactment of a single payer system in California would mean major improvements in health care for persons with disabilities, seniors and others.  
The bill faces an almost certain veto from the Governor, who vetoed September 22, 2006, SB 840 which contained an almost identical version of the 2007-2008 version of the bill (Kuehl took the unusual step of introducing in the 2007-2008 the single payer bill with the same bill number)
 
* SB 840 - SINGLE PAYER HEALTH REFORM
AUTHOR: Sen. Sheila Kuehl (Democrat - Santa Monica, 23rd District)
LAST ACTION 08/07/08: Passed with amendments out of Assembly Appropriations Committee ("Do pass as amended")
NEXT STEP: To Assembly Floor for final vote.
 
SB 1608 Access Bill Passes Out of Assembly Appropriations
The same committee approved SB 1608 by Sen. Ellen Corbett (Democrat - San Leandro), dealing with access issues, making amendments to the bill, including streamlining what the proposed new commission on disability access would do, and make an appropriation from the State general fund of $90,000 to fund next year. 
The bill, was approved without opposition from the Democrats on the committee, with Republicans not voting. 
The bill now heads to the Assembly floor for final action.  
 
* SB 1608 - ACCESS: PERSONS WITH DISABILITIES
AUTHOR: Sen. Ellen Corbett (Democrat - San Leandro, 10th District)
LAST ACTION 08/07/08: Passed with amendments out of Assembly Appropriations Committee ("Do pass as amended")
NEXT STEP: To Assembly Floor for final vote
 
Medi-Cal Working Disabled Program Bill Held
The Senate Appropriations Committee held in committee legislation that would extend the Medi-Cal Working Disabled Program beyond its current ending (sunset) date of September 30, 2008.  Supporters of the program and the bill may seek a waiver to have the reconsidered, which is rare - or have the extension and related bill language included as part of the State budget, in a budget related bill (referred to as "budget trailer bill").
 
* AB 851 - MEDI-CAL: ELIGIBILITY (WORKING DISABLED PROGRAM)
AUTHOR: Assemblymember Julia Brownley (Democrat - Santa Monica, 41st District)
LAST ACTION 08/07/08: Held in Senate Appropriations Committee.
NEXT STEP: No further action on this bill for rest of 2008 legislative session.
CDCAN COMMENT: As previously reported, this bill was widely supported by disability, senior and other advocacy groups across the State and will likely surface through the budget process, given the importance of the program. 
 
SB 1198 - Important Medical Equipment Bill Passes Out of Committee
With dozens of bills impacting people with disabilities, seniors and others held in either the Senate or Assembly Appropriations Committees, an important bill dealing with durable medical equipment passed out of the Assembly Appropriations Committee and heads to the Assembly floor.  The bill was widely supported by disability and senior advocacy groups across the state. 
 
* SB 1198 - HEALTH CARE COVERAGE: DURABLE MEDICAL EQUIPMENT
AUTHOR: Sen. Sheila Kuehl (Democrat - Santa Monica, 23rd District)
LAST ACTION 08/07/08: Passed out of Assembly Appropriations Committee ("Do pass")
NEXT STEP: To Assembly Floor for final vote.
 
Special Education Bills Update
It was a mixed day for several bills dealing with special education, with the Senate Appropriations Committee holding in committee AB 2717 dealing with special education due process hearings and the burden of proof.  A major bill dealing also with due process rights dealing with the issue referred to as "stay put", AB 1768 by Assemblymember Noreen Evans (Democrat - Santa Rosa, 7th District), died in Assembly Appropriations Committee on May 22, 2008. 
 
* AB 1503 - HIGH SCHOOL EXIT EXAM: STUDENTS WITH DISABILITIES (WAIVERS)
AUTHOR: Assemblymember Bob Huff (Republican - Diamond Bar, 60th District)
LAST ACTION 08/07/08: Held in Senate Appropriations Committee.
NEXT STEP: No further action on this bill for rest of 2008 legislative session.
 
* AB 1872 - SPECIAL EDUCATION: AUTISM SPECTRUM DISORDERS - CLEARINGHOUSE
(see Autism Bills - passed out of committee)
 
* AB 2424 - PERSONS WITH DEVELOPMENTAL DISABILITIES: EDUCATION & EMPLOYMENT
(see Regional Center bills - held in committee)
 
* AB 2717 - SPECIAL EDUCATION DUE PROCESS HEARINGS: BURDEN OF PROOF
AUTHOR: Assemblymember Sally Lieber (Democrat - Mountain View, 22nd District)
LAST ACTION 08/07/08: Held in Senate Appropriations Committee.
NEXT STEP: No further action on this bill for rest of 2008 legislative session.
 
* AB 2783 - SPECIAL EDUCATION: FOSTER CHILDREN ASSESSMENTS & IEP
AUTHOR: Assemblymember George Plescia (Republican - San Diego, 75th District)
LAST ACTION 08/07/08: Passed out of Senate Appropriations Committee ("Do pass").
NEXT STEP: To Senate Floor for final vote. 
 
Autism Bills Update
Five of a package of 8 bills recommended by the Legislative Blue Ribbon Commission on Autism had action today in both the Senate and Assembly Appropriations Committees. Only one of those bills - SB  1364 by Sen. Cedillo, failed to pass out of committee.  Also updated below are the latest actions on the other 3 bills that were not in either committee this week.
 
* AB 1872 - SPECIAL EDUCATION: AUTISM SPECTRUM DISORDERS CLEARINGHOUSE
AUTHOR: Assemblymember Joe Coto (Democrat - San Jose, 23rd District)
LAST ACTION 08/07/08: Passed Senate Appropriations Committee ("Do Pass")
NEXT STEP: To Senate Floor
 
* AB 2302 -  TEACHER SPECIALIST CREDENTIAL: STUDENTS WITH AUTISM
AUTHOR: Assemblymember Karen Bass (Democrat - Los Angeles, 47th District)
LAST ACTION 06/30/08: Approved by Governor. Chaptered by the Secretary of State, Chapter 41, Statutes of 2008.
NEXT STEP: Law becomes effective January 1, 2009
 
* SB 527 - AUTISM SPECTRUM DISORDERS: SCREENING
AUTHOR: Sen. Darrell Steinberg (Democrat - Sacramento, 6th District)
LAST ACTION 08/07/08: Passed Assembly Appropriations Committee with amendments ("Do Pass As Amended")
NEXT STEP: To Assembly Floor for final vote.
 
* SB 1175 - DEVELOPMENTAL SERVICES: REGIONAL CENTER HOUSING
AUTHOR: Sen. Darrell Steinberg (Democrat - Sacramento, 6th District)
LAST ACTION 08/04/08: Amended on Assembly Floor.
NEXT STEP: On Assembly Floor (third reading) for final vote.
CDCAN COMMENT: Passed out of Assembly Appropriations in July by vote of 12 to 5.
 
* SB 1364 - AUTISM SPECTRUM DISORDERS ADVISORY COUNCIL: CENTRAL REGISTRY
AUTHOR: Sen. Gil Cedillo (Democrat - Los Angeles, 22nd District)
LAST ACTION 08/07/08: Held in Assembly Appropriations Committee.
NEXT STEP: No further action on this bill for rest of 2008 legislative session.
 
* SB 1475 - AUTISM PILOT PROGRAM
AUTHOR: Sen. Tom Torlakson (Democrat - Anitoch, 7th District)
LAST ACTION 08/07/08: Passed Assembly Appropriations Committee with amendments ("Do Pass As Amended")
NEXT STEP: To Assembly Floor for final vote.
 
* SB 1531 - PEACE OFFICER TRAINING: PERSONS WITH AUTISM
AUTHOR: Sen. Lou Correa (Democrat - Santa Ana, 34th District)
LAST ACTION 08/04/08: To Governor
NEXT STEP: This bill will likely be returned back to the Senate and held there until state budget is passed.
CDCAN COMMENT: bill passed Senate 05/27/08 by vote of 40 to 0 and the Assembly on 07/15/08 by vote of 76 to 0.  Governor said earlier this week he would veto any bill sent to him until a budget was passed - but his office indicated it would allow the Legislature to take back bills that were sent to him this week. 
 
* SB 1563 - PERVASIVE DEVELOPMENTAL DISORDERS
AUTHOR: Sen. Don Perata (Democrat - Oakland, 9th District)
LAST ACTION 08/07/08: Passed Assembly Appropriations Committee with amendments ("Do Pass As Amended")
NEXT STEP: To Assembly Floor for final vote.
CDCAN COMMENT: This bill would create a stakeholder group to ensure that managed care health plans and insurance plans appropriate coverage for persons with autism spectrum disorders. 
 
Regional Centers (Developmental Disabilities) Bill Update
In addition to the package of 8 bills that impact regional centers that serve over 230,000 children and adults with developmental disabilities - of which autism spectrum disorders are considered, five other bills dealing with persons with developmental disabilities specifically also had action - though only one of those made it out of committee:
 
* AB 2038 - PERSONS WITH DISABILITIES: VICTIMS OF CRIME
AUTHOR: Assemblymember Sally Lieber (Democrat - Mountain View, 22nd District)
LAST ACTION 08/07/08: Held in Senate Appropriations Committee.
NEXT STEP: No further action on this bill for rest of 2008 legislative session.
 
* AB 2424 - PERSONS WITH DEVELOPMENTAL DISABILITIES: EDUCATION & EMPLOYMENT
AUTHOR: Assemblymember Jim Beall (Democrat - San Jose, 24th District)
LAST ACTION 08/07/08: Held in Senate Appropriations Committee.
NEXT STEP: No further action on this bill for rest of 2008 legislative session.
 
* SB 1183 - DEVELOPMENTAL DISABILITIES: SONOMA DEVELOPMENTAL CENTER
AUTHOR: Sen. Patricia Wiggins (Democrat - Santa Rosa, 2nd District)
LAST ACTION 08/07/08: Held in Assembly Appropriations Committee.
NEXT STEP: No further action on this bill for rest of 2008 legislative session.
 
* SB 1687 - STATE CONTRACTS: PERSONS WITH DEVELOPMENTAL DISABILITIES
AUTHOR: Sen. Negrete McLeod (Democrat - Chino, 32nd District)
LAST ACTION 08/07/08: Held in Assembly Appropriations Committee.
NEXT STEP: No further action on this bill for rest of 2008 legislative session.
 
* SB 1737 - PUBLIC UTILITIES PROCUREMENT: PERSONS WITH DEVELOPMENTAL DISABILITIES
LAST ACTION 08/07/08: Passed with amendments out of Assembly Appropriations Committee ("Do pass as amended")
NEXT STEP: To Assembly Floor for final vote
 
NEXT STEPS
* NO MORE COMMITTEE HEARINGS: Except for special exceptions for certain specific bills, 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.
* REMAINDER OF AUGUST: Final actions on bills on both the Assembly and Senate floors. Though the official date of adjournment of the 2008 session is August 31, as reported above, there are rumors that both houses are seriously looking at adjourning regular session on August 22 - and come back when needed to vote on a state budget when a deal is reached. 
* 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. 
 

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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