2022 Selected Signed and Vetoed Bills Affecting Persons with Disabilities

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2022 Selected Signed and Vetoed Bills Affecting Persons with Disabilities

2022 Selected Signed and Vetoed Bills Affecting Persons with Disabilities

Introduction:

In 2022, Disability Rights California advocated on behalf of disabled people at the local, state and federal levels with dedicated policy advocates in addition to several other staff who work on policy. The Policy Unit works diligently to build relationships and power by influencing legislative and budget policy. A key priority for the Public Policy Unit at DRC is ensuring that disabled people have the power they deserve in order to live the way that they choose in our community.

Disability Rights California (DRC) began the year sponsoring or co-sponsoring fourteen bills, six of which made it to Governor Newsom’s desk.  Five of the six bills, AB 1663 (Maienschein), AB 2598 (Weber), AB 1957 (Wilson), AB 1195 (C. Garcia), and SB 281 (Dodd), were signed by the governor.

AB 2632 (Holden)  – The California Mandela Act on Solitary Confinement, was unfortunately vetoed by the governor. Additionally, several high priority bills that DRC supported were signed by Governor Newsom.

DRC was also active in the budget process, ensuring that voices of the disability community were heard as the state made funding decisions on health, intellectual and developmental disabilities programs, public safety, education, transportation, and housing. Two of DRC’s sponsored bills, AB 1900 (Arambula) – Medi-Cal Share of Cost and SB 1092 (Hurtado) – The Equal Access to Services (EASe) Act to reform the regional center fair hearing process, had significant pieces included in the Budget. The final Budget approved reforming the Medi-Cal Share of Cost program’s maintenance need income level to 138% of the federal poverty level making it more affordable for seniors and people with disabilities to access. Previously, low-income older Californians and persons with disabilities who rely on Medi-Cal were struggling to access care because they were required to pay over $900 each month before Medi-Cal would cover the cost of their health care. This high share of cost forced aging adults, people with disabilities, and their families to make impossible decisions—choosing between needed health care or paying rent and having food on the table.

The Budget also approved $4.4 million ongoing to improve access to justice by making it easier for people served by regional centers to participate in the fair hearing process without an attorney. Additionally, DRC pressed for key changes to the Developmental Services Budget Trailer Bill, SB 188, that led to accelerating rate increases for service providers; directing those rate increases to improving wages for frontline staff who directly support people with intellectual and developmental disabilities; extending the availability of virtual Individual Program Plan (IPP) meetings; adding the consideration of evidence-based practices to pilot programs for transitioning people out of subminimum wage work settings; ensuring adequate provider pay rates for highly individualized employment, postsecondary education, and self-advocacy supports known as tailored day services; and retaining the current limit on the number of Enhanced Behavioral Support Homes that use locked gates to prevent people from leaving, which the state had sought to eliminate. (DRC’s full summary of the 2022-23 Budget Agreement Impacting programs serving persons with disabilities)

Disability Rights California is firm in its commitment to stop any policy that takes away the rights and choice of people with disabilities.

This year, DRC strongly opposed SB 1338 (Umberg) also known as CARE Court. This policy will place Californians living with serious mental health disabilities and substance use disorders under involuntary court-ordered treatment. Despite the opposition from DRC and dozens of Civil Rights, Disability Rights, Housing Rights and Racial Justice Organizations, the bill passed the California Legislature and was signed by Governor Gavin Newsom.

Below are other brief highlights of enacted and vetoed bills affecting persons with disabilities:

drc Sponsored Bills Signed by the Governor:

AB 1663 (Maeinschein) helps people keep choice and control over their lives. The law helps people with disabilities and older adults get support from people they trust, and not be forced into unnecessary conservatorships. The law also makes changes to probate code conservatorships to make sure that people under conservatorship have a voice in the decisions made for them. It also makes it easier for people to get out of conservatorships when the conservatorship is no longer necessary.

AB 2598 (Weber) requires CDE to develop a standard model for restorative justice practices to be utilized by school districts as part of their efforts to improve campus culture and climate. Restorative practices and restorative justice methods allow for greater understanding and community healing in addressing youth incidents. These practices also emphasize repairing the harm done to people and relationships, rather than focusing on punishing offenders. Instead, these practices emphasize the importance of ensuring those responsible for the harm receive the help and support they need to heal and stop the cycle of harm.

AB 1957 (Wilson) - Regional centers and the Department of Developmental Services (DDS) are required to track and report annually on the number of instances where a translation of the IPP to an uncommonly spoken language exceeds 60 days from the date of request. This law extends the regional centers’ and DDS’ reporting obligations to also track and report on the number of instances where a translation of the IPP in to a more commonly spoken language, i.e., a threshold language, exceeds 45 days. The law also requires the regional centers and DDS to collect and annually report purchase of service data related to social recreation activities. This law also enables the public to monitor how the restoration of these critically important services will affect existing funding disparities.

AB 1195 (C. Garcia) improves the state hiring process for workers with disabilities through the Limited Examination and Appointment Program (LEAP). This law provides that a state agency may request and be furnished with a referral list of LEAP candidates to better identify and hire applicants with disabilities.

SB 281 (Dodd) extends the California Community Transitions Program (CCT). The CCT Program assists individuals in moving out of a nursing home and into their own home or other community setting.

Other Significant Bills Signed by the Governor drc Supported:

Accessibility:

AB 371 (Jones-Sawyer) - Shared mobility devices: insurance and tracking.

AB 2164 (Lee) - Disability access: certified access specialist program: funding.

AB 2264 (Bloom) - Pedestrian crossing signals.

SB 1194 (Allen) - Public restrooms: building standards.

Blindness:

AB 2480 (Arambula) - Rehabilitation services: persons with vision loss.

Civil Rights:

AB 256 (Kalra) - Criminal procedure: discrimination.

AB 655 (Kalra) - California Law Enforcement Accountability Reform Act.

AB 1655 (Jones-Sawyer) - State holidays: Juneteenth.

AB 1666 (Bauer-Kahan) - Abortion: civil actions.

Court Procedures:

AB 1706 (Bonta, Mia) - Cannabis crimes: resentencing.

AB 2657 (Stone) - Incarcerated person’s competence.

Employment:

AB 1604 (Holden) - Civil service: the Upward Mobility Act of 2022.

SB 1162 (Limón) - Employment: Salaries and Wages.

Disabilities:

AB 2216 (Irwin) - The Qualified ABLE Program: tax-advantaged savings accounts.

Emergency Services/Deenergization Events:

AB 2511 (Irwin) - Skilled nursing facilities: backup power source.

AB 2645 (Rodriguez) - Local emergency plans: integration of access and functional needs: community resilience centers.

Education/Special Education:

AB 22 (McCarty) - Preschool data: data collection.

SB 291 (Stern) - Advisory Commission on Special Education.

SB 532 (Caballero) - Pupil instruction: high school coursework and graduation requirements: exemptions and alternatives.

SB 1016 (Portantino) - Special education: eligibility: fetal alcohol spectrum disorder.

Employment:

AB 1751 (Daly) - Workers’ compensation: COVID-19: critical workers.

SB 951 (Durazo) - Unemployment insurance: contribution rates: disability insurance: paid family leave: weekly benefit amount.

Healthcare

SB 923 (Wiener) - Gender-affirming care.

SB 1142 (Caballero) - Abortion services.

SCA 10 (Atkins) - Reproductive freedom.

Housing / Homelessness:

AB 2031 (Lee) - Mobilehome Residency Law: management meetings with homeowners.

AB 2483 (Maienschein) - Housing for individuals experiencing homelessness.

AB 2339 (Bloom) - Housing element: emergency shelters: regional housing need.

SB 1017 (Eggman) - Leases: termination of tenancy: abuse or violence.

Intellectual and Developmental Disabilities:

SCR 91 (Hurtado) - Individuals with Developmental Disabilities Inclusion Month.

Immigration:

AB 1766 (Stone) - Department of Motor Vehicles: driver’s licenses and identification cards.

SB 836 (Wiener) - Evidence: immigration status.

Jails/Prisons:

AB 2167 (Kalra) - Crimes: alternatives to incarceration.

SB 903 (Hertzberg) - Prisons: California Rehabilitation Oversight Board.

SB 1139 (Kamlager) - Prisons: visitation.

Mental Health:

AB 2275 (Wood) - Mental health: involuntary commitment.

SB 1019 (Gonzalez) - Medi-Cal managed care plans: mental health benefits.

SB 1223 (Becker) - Criminal procedure: mental health diversion.

Transportation:

AB 2147 (Ting) - Pedestrians.

SB 1161 (Min) - Transit operators: street harassment survey.

Voting:

AB 2841 (Low) - Disqualification from voting.

Youth:

AB 2827 (Quirk-Silva) - Child daycare facilities.

Significant Bills Vetoed by the Governor drc Supported:

Blindness:

AB 1999 (Arambula) - Medi-Cal: behavioral health: individuals with vision loss.

Civil Rights:

AB 2520 (Gabriel) - Department of Justice: Office of Access to Justice.

SB 1304 (Kamlager) - Prisons: release allowance.

Education:

SB 1113 (Ochoa Bogh) - Special education: inclusive education: universal design for learning.

Healthcare:

SB 842 (Dodd) - Health care: assistive technology: reuse and redistribution.

SB 999 (Cortese) - Health coverage: mental health and substance use disorders.

Homelessness:

AB 1685 (Bryan) - Vehicles: parking violations.

AB 2817 (Reyes) - House California Challenge Program.

Intellectual and Developmental Disabilities (IDD):

SB 562 (Portantino) - Health care coverage: pervasive developmental disorders or autism.

SB 870 (Portantino) - Developmental services.

Mental Health:

AB 552 (Quirk-Silva) - Integrated School-Based Behavioral Health Partnership Program.

AB 1859 (Levine) – Mental Health and Substance Use Disorder Treatment.

SB 999 (Cortese) - Health coverage: mental health and substance use disorders.

Public Safety:

AB 2632 (Holden) – Segregated confinement (DRC Sponsored bill)

Transportation:

AB 2441 (Kalra) - Public employment: local public transit agencies: autonomous transit vehicle technology.

Youth:

AB 2189 (Friedman) - Foster youth.

Significant Bills Signed by the Governor that drc Opposed:

Conservatorships:

SB 1227 (Eggman) - Involuntary commitment: intensive treatment.

Education:

SB 906 (Portantino) - School safety: homicide threats.

Health:

AB 1502 (Muratsuchi) - Freestanding skilled nursing facilities.

Mental Health:

AB 2242 (Santiago) - Mental health services.

AB 2317 (Ramos) - Children’s psychiatric residential treatment facilities.

SB 1338 (Umberg) - Community Assistance, Recovery, and Empowerment (CARE) Court Program.

Other Significant Bills Signed by the Governor Affecting Persons with Disabilities:

Accessibility:

AB 2449 (Rubio) - Open meetings: local agencies: teleconferences.

SB 1354 (Jones) - Design-build contracting: cities, counties, and cities and counties: compliance with the federal Americans with Disabilities Act of 1990.

Civil Rights:

AB 1632 (Weber) - Restroom access: medical conditions.

AB 2761 (McCarty) - Deaths while in law enforcement custody: reporting.

Education:

AB 740 (McCarty) - Foster youth: suspension and expulsion.

Employment:

AB 1041 (Wicks) - Employment: leave.

Health:

AB 1982 (Santiago) - Telehealth: dental care.

AB 2127 (Santiago) - Health care coverage: dependent adults.

Intellectual and Developmental Disabilities:

SB 882 (Eggman) - Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement.

Residential Care Facilities:

AB 895 (Holden) - Skilled nursing facilities, intermediate care facilities, and residential care facilities for the elderly: notice to prospective residents.

Public Safety:

AB 960 (Ting D) - Compassionate release.

Youth:

AB 2321 (Jones-Sawyer D) - Juveniles: room confinement.

Other Significant Bills Vetoed by the Governor Affecting Persons with Disabilities:

Health:

AB 2077 (Calderon) - Medi-Cal: monthly maintenance amount: personal and incidental needs.

SB 57 (Wiener) - Controlled substances: overdose prevention program.

Residential Care Facilities:

AB 1809 (Aguiar-Curry) - Nursing Facility Resident Informed Consent Protection Act of 2022.