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Wrapup of 2001/2002 Legislative Session
By Pat McPartland The 2001/2002 Legislative Session is over and the Legislature will not reconvene to begin the new two_year session until early January. This year was dominated by the $23 billion budget shortfall(see budget article). Most legislation requiring funding failed. Nonetheless, there were some important successes for the disabilitycommunity, and some other outcomes of note among the bills that CDR monitored. Bills that have been passed by the Legislature and signed by theGovernor go into effect January 1, 2003. UNIVERSAL DESIGN IN HOUSING On September 20th, the governor signed AB 2787 (Aroner), on universal design in housing. This bill is a small but important step towards increased accessible housing in the State. It requires the Department of Housing and Community Development (HCD) to develop guidelines and at least one model ordinance based on principles of universal design. HCD is also required inthe process of developing this model ordinance to hold at least three public meetings to solicit input from interested parties. It is going to be extremely important for CDR members to take an active role in providing input and monitoring this process. Beginning January 1, 2005, cities and counties can adopt the ordinance, and again involvement of CDR members will be crucial. MEETING NOTICE IN ALTERNATE FORMAT The governor has also signed AB 3035 (Committee on Judiciary) on accessibility of public meetings. This bill requires that the notices and agendas of public meetings be made available in alternative formats upon request by any person with a disability, consistent with the federal Americans with Disabilities Act of 1990. While this is, of course, already required by law, this will place the requirement in an additional location in the law where it is easier for meeting planners to find and more clearly stated, thus hopefully improving compliance. OLMSTEAD IMPLEMENTATION Other bills that CDR supported that were signed into law by the Governor are AB 1425 and AB 2582. AB 1425 (Thomson) makes changes to law to exempt any supportive housing or independent living arrangement for individuals with disabilities who are receiving community living support services from licensing requirements. The bill is intended to help California comply with the U.S. Supreme Court's 1999 decision in L.C. & E.W. v. Olmstead, which prohibits states from discriminating against people disabilities by providing services in institutions when individual can be served more appropriately in community_based setting. PARATRANSIT AB 2582 (Chu) will allow paratransit vehicles to use high occupancy vehicle(HOV) lanes even when they have fewer occupants than required. This will save time for paratransit vehicles so that they can better serve the disability community. SPECIALIZED SERVICES DIVISION IN DEPT. OF REHAB SB 105 (Burton) has been has been signed by the Governor.It establishes the Division of Specialized Services for the Blind and Visually Impaired and the Deaf and Hard of Hearing in the Department of Rehabilitation. CDR initially had an oppose position on this bill, but the current version contains compromise amendments which we are able to support. PROBATIONARY PERIOD EXTENSION AB 1950 (Wright) has been signed by the Governor. It will allow the Stateto extend the probationary period of an employee with a disability for a period not to exceed six months, to allow the appointing power to provide a reasonable accommodation to the employee. CDR is concerned about this bill, because it would seem to encourage the State to drag their feet in providing reasonable accommodation. Due toadvocacy by CDR and other disability groups, some amendments were made to protect the employees somewhat. SEGWAYTM DEVICE SB 1918 (Torlakson), was signed into law by the Governor. It allows the use of electric personal assistive mobility devices (e.g. the Segway) on the sidewalk. CDR was opposed to this bill because of concern that the speed and silent operation would make it a threat to visually impaired and mobility impaired pedestrians. Return to Legislative Advocacy page | Home e-mail CDR, Inc. If you have questions or comments. |