2021 Annual Report - Public Policy
2021 Annual Report - Public Policy
Public Policy
This legislative year continued to look different from previous years as the pandemic continued, with hearings held virtually. Also, in May, the Legislative Office announced expected budget surpluses to continue until 2025. This new development activated advocates and drc to develop recommendations for the budget and how to spend the $38 billion surplus. We looked at this as an opportunity to provide new resources to the disability community and marginalized groups.
During the year, drc sponsored nine bills, with four signed into law, one adopted in the state budget, and others proceeding in 2022.
drc analyzed or reviewed 416 bills, 19 resolutions, and 5 constitutional amendments in 53 subject areas. Of the 416 bills, we supported or opposed 142 of them while monitoring the remainder throughout the year. Most of the bills were in issue areas of: health, housing, intellectual/developmental disabilities, mental health, public safety, and voting.
Highlights
Education
drc worked with the Department of Education to ensure Individualized Education Plans (IEP’s) would proceed despite distance learning.
We also advocated to create more equitable funding for special education programs statewide. As a result of our advocacy, the state allocated an additional $550 million in the 2021 state budget, plus an additional $100 million set aside for students with costly disabilities, such as genetic disorders that require specialized services.
Intellectual and Developmental Disabilities (IDD)
drc advocated for investments in diversion programs, expeditated Individual Program Plans, Competitive Integrated Employment (CIE), and to decrease the number of individuals in state institutions.
We advocated to ensure the state would restore funding for camping and social recreation, including specialized recreation, art, dance, and music.
We also worked with the Legislature to strengthen Self-Determination Programs (SDP) in Regional Centers.
Healthcare and In-Home Supportive Services (IHSS)
drc secured budget efforts for restoration of the IHSS 7% hours, cut the phased restoration of supplemental security income (SSI) CalFresh, and Expansion-Older Adults Outreach Program.
drc Supported and Sponsored Bills Signed by the Governor Include:
AB 313 (C. Garcia) drc co-sponsored bill.
This requires all state agencies to develop a reasonable accommodation policy for state workers with disabilities. It also requires the California Department of Human Resources to develop a model equal opportunity employment program for all state workers with disabilities. Lastly, it requires state agencies to submit employment data relating to disabled workers to the Legislature and requires them to take corrective action for low representation rates of workers with disabilities.
AB 323 (Kalra) drc sponsored bill.
This updates long-term care facility citation penalties and standards for negligent care to safeguard the nursing home and long-term care facility residents. Specifically, the bill:
- Adopts the California State Auditor’s recommendation on skilled nursing facility citation amounts to improve quality-of-care deficiencies in nursing homes, and
- Improves California’s Department of Public Health’s enforcement ability by clarifying the confusing causation standard for “AA” citations, replacing the “direct proximate cause” test with the “substantial factor” test.
SB 14 (Portantino) drc co-sponsored bill.
This broadens the definition of excused student absences to include an absence for the benefit of behavioral health of the student, with parity to physical excused absences.
The bill also recommends the Department of Education identify youth behavioral health training that will equip school personnel and students with skills to recognize the signs and symptoms of behavioral health disorders (mental health and substance use disorders), provide knowledge of local resources and services, safely de-escalate crisis situations involving individuals with a mental health challenge, and reduce stigma and increase help-seeking behavior.
SB 639 (Durazo) drc co-sponsored bill.
This phases out the payment of subminimum wage for work performed by people with disabilities in California. This law creates a workgroup to help transition workers with disabilities to competitive employment. No new employers can pay less than minimum wage starting in 2022. By 2025 no worker will earn less than minimum wage.
Highlights of Other drc Involved Legislation
drc Supported Bills Signed by the Governor:
AB 435 (Mullin) Requires hearing aid vendors to provide information to customers about whether the hearing aid can be repaired before selling the item.
Conservatorship:
AB 1194 (Low) Requires a court to provide an attorney to individuals who are proposed for a probate conservatorship. If a proposed conservatee does not have an attorney, the court will provide one who will advocate for them.
Emergency Services
SB 52 (Dodd) Broadened the definition of a loss of power in the Emergency Services Act to include a planned power outage by electrical companies. As a result, counties can now seek reimbursement for the costs incurred by running the emergency operation centers.
Public Safety:
AB 48 (Gonzalez) Prohibits police from using tear gas and projectile weapons to break up demonstrations. Projectiles and chemical agents are particularly harmful to people with disabilities and may lead to death.
AB 118 (Kamlager) Establishes the Community Response Initiative to Strengthen Emergency Systems (C.R.I.S.E.S.) Act pilot grant program to improve emergency responses for vulnerable populations in California.
AB 490 (Gipson) Stops police from using choke holds on detained individuals. This also stops police from using harmful restraints when transporting a detained person.
SB 2 (Bradford) Grants new power to the Commission on Peace Officer Standards and Training (POST) to investigate and determine peace officer fitness and decertify officers who engage in “serious misconduct.”
Voting:
SB 503 (Becker) Clarifies the standard for how election officials determine if a signature is valid. The new standard considers that signatures can change over time, especially signatures of people with specific disabilities. This allows voters to feel more comfortable voting from home and that their vote will be counted.
drc Opposed Bills Vetoed by the Governor:
Mental Health:
AB 1542 (McCarty) drc stopped this bill that would allow Yolo County to develop a program that would require individuals convicted of drug-motivated crimes to be placed in a Secured Residential Treatment Program. Locked and guarded rehabilitation programs are ineffective and criminalizes mental health disabilities rather than effectively treating them.
This past year we honored and recognized legislators and legislative staff for advancing the rights of Californians with disabilities.
Looking Forward
drc will continue to make and develop meaningful relationships with elected officials, staff, and community leaders while responding to issues that impact our community, such as addressing the COVID-19 pandemic response, the emergencies caused by wildfires, and our housing crisis.
We plan to continue to advocate on issues relating to employment, education, health care, and long-term services and supports, disaster preparedness and response, and civil rights of all people with disabilities in all forms of policy, including legislation and the State’s Budget.
In the second year of the two-year Legislative Session (2021-2022), drc will continue to sponsor bills introduced last year, also known as two-year bills. This will include SB 281 (Dodd), California Community Transitions, part of a federal administration project called Money Follows the Person, which would assist low-income people with disabilities as they transition from skilled nursing facilities back into homes on their own.
