BILL ANALYSIS �
AB 1041
Page 1
Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1041 (Chesbro) - As Introduced: February 22, 2013
Policy Committee: Human
ServicesVote:7 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires Department of Developmental Services (DDS)
Regional Centers (RCs), to use an employment-first policy
defined in the bill for Individual Program Planning (IPP) for
consumers 16 years and older. Specifically, this bill:
1)States it is the policy of the state that integrated,
competitive employment is the priority outcome for working-age
individuals with developmental disabilities.
2)Requires RCs consider the employment-first policy when
developing individual program plans for transition-age youth
and working-age adults.
3)Requires RCs to ensure that, beginning at age 16, consumers
and their parents or legal guardians be provided with the
employment-first policy, options for integrated employment,
and services and supports that enable consumers to transition
from school to work.
FISCAL EFFECT
Unknown, potentially significant costs, to the extent this bill
creates pressure to broaden the entitlement contained in the
Lanterman Developmental Disabilities Services Act (Lanterman
Act) to include an entitlement that all working-age consumers
receive a prevailing wage job. This could cause significant
increases in supportive and supplemental employment programs and
job training programs, particularly during periods of high
unemployment. These costs could be partially offset by shifting
consumers from other day programs to employment-related programs
AB 1041
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and if more consumers become employed in non-subsidized jobs.
COMMENTS
1)Rationale . The purpose of this bill is to further the goals of
the Lanterman Act, which requires that services and support be
available for people with developmental disabilities that
allows them to approximate a pattern of everyday life that is
available to people without disabilities. The author argues
competitive employment for working-age adults is a key
component of everyday life.
2)California's Developmental Services System annually assists
approximately 260,000 individuals with developmental
disabilities and their families through a statewide system of
21 regional centers. Of the $4.9 billion ($2.8 billion GF)
proposed for the 2013-14 budget year, approximately $4 billion
is for services provided through the regional centers. The
system employs 90,000 workers. Almost 99% of consumers receive
community-based services and live with their parents or other
relatives, in their own homes or apartments, or in group homes
designed to meet their medical and behavioral needs.
In addition, the state's four Developmental Centers (Fairview,
Lanterman, Porterville, and Sonoma) and one smaller, community
facility (Canyon Springs) provide 24-hour care to about 1,700
individuals with developmental disabilities. The DCs provide a
full range of care, including medical and recreational
services.
DDS consumers work in a variety of settings. Those requiring
supported employment settings may participate in the
Habilitation Services Program, which consists of the Work
Activity Program (WAP) and Supported Employment Program
(SEP). The WAP services are reimbursed at a daily per capita
rate and provide a sheltered work environment. Consumers
participating in SEP work in the community with support
services provided by community rehabilitation programs.
3)Related Legislation .
a) AB 2338 (Chesbro), 2012, was virtually identical to this
bill. That bill was held on the Senate Appropriations
Committee's Suspense File.
AB 1041
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b) AB 254 (Beall), 2011, was substantially similar to this
bill but raised cost issues and was held on this
committee's Suspense File. AB 1041 addresses the cost
issues by removing the authorization for increased data
collection, changing the age of the consumer from 14 to 16,
and clarifying that this legislation is not intended to
expand the current entitlement contained in the Lanterman
Act.
c) AB 287 (Beall), Statutes of 2009, established the
Employment First Committee as a standing committee of the
State Council on Developmental Disabilities to identify
strategies and best practices for significantly increasing
the numbers of people with developmental disabilities in
competitive integrated employment and the number who earn
wages at or above minimum wage.
d) AB 2424 (Beall), 2008, would have established an
employment-first policy. Unlike AB 1041 , AB 2424 made
significant changes to the IPP process and imposed
responsibilities on regional centers and DDS related to the
development of materials, the provision of information, and
the conduct of IPP meetings. AB 2424 also addressed
non-employment-related integrated activities. AB 2424 was
held by the Senate Appropriations Committee.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081