BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 287|
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THIRD READING
Bill No: AB 287
Author: Beall (D), et al
Amended: 9/2/09 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-1, 6/23/09
AYES: Liu, Maldonado, Alquist, Yee
NOES: Runner
SENATE APPROPRIATIONS COMMITTEE : 8-5, 8/27/09
AYES: Kehoe, Corbett, Hancock, Leno, Oropeza, Price, Wolk,
Yee
NOES: Cox, Denham, Runner, Walters, Wyland
ASSEMBLY FLOOR : 53-24, 5/28/09 - See last page for vote
SUBJECT : Persons with developmental disabilities:
employment
SOURCE : Association of Regional Center Agencies
Disability Rights California
State Council on Developmental Disabilities
DIGEST : This bill requires the State Council on
Developmental Disabilities to form a standing Employment
First Committee (Committee), as specified, and requires the
Committee to report to the Legislature by July 1, 2011, and
annually thereafter, describing the Committee's work and
recommendations.
CONTINUED
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ANALYSIS :
Existing law
1.Establishes the Lanterman Act, under which the State
Department of Development Services contracts with 21
private non-profit regional centers to provide case
management services and arrange for, or purchase,
services that meet the needs of individuals with
developmental disabilities.
2.Requires that regional centers secure needed services
and supports that meet the needs of each consumer, as
determined in the consumer's individual program plan.
3.Provides that regional center planning teams give the
highest priority to services and supports that allow
adults with developmental disabilities to live as
independently as possible in the community, and states
that services and supports should be available to enable
persons with developmental disabilities to approximate
the pattern of everyday living available to people
without disabilities of the same age, that support their
integration into the mainstream life of the community,
and that result in more independent, productive, and
normal lives for the persons served.
4.Defines "integrated work" as "the engagement of an
employee with a disability in work in a setting
typically found in the community in which individuals
interact with individuals without disabilities other
than those who are providing services to those
individuals, to the same extent that individuals without
disabilities in comparable positions interact with other
persons."
5.Creates the State Council on Developmental Disabilities
to provide an effective method for planning and
coordinating the state's resources to assure the legal,
civil, and service rights of persons with developmental
disabilities.
This bill:
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1.Makes findings and declarations about persons with
disabilities and employment, including:
A. Research demonstrates that wages and hours
worked increase dramatically as individuals move
from facility-based to integrated employment, and
research suggests that other benefits of employment
include expanded social relationships, heightened
self-determination, and more typical job
acquisition and job roles.
B. Because the likelihood of individuals with
developmental disabilities obtaining employment is
greater if they move directly from school to work,
education programs must prepare transition age
students for employment in community settings.
2.Requires the State Council on Developmental Disabilities
to form a Standing Committee on Employment.
3.Establishes the membership of the Standing Committee on
Employment (Committee):
A. One designee of each of the following State
Council members: the Director of the Department of
Developmental Services, the Director of the
Department of Rehabilitation, the Superintendent of
Public Instruction, each university center for
excellence, and the Executive Director of the State
Protection and Advocacy Agency.
B. A member of the State Council Consumer Advisory
Committee.
4. Requires the Committee to meet and consult, as
appropriate, with other state and local agencies and
organizations, including the Employment Development
Department, the Association of Regional Center Agencies,
one or more supported employment provider organizations,
a labor union that represents service coordinators, and
one or more consumer family member organizations.
5. Directs the Committee to:
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A. Identify the roles and responsibilities of state
and local agencies in enhancing integrated and
gainful employment opportunities for people with
developmental disabilities.
B. Identify strategies and practices for increasing
integrated employment and gainful employment
opportunities for people with developmental
disabilities.
C. Identify existing sources of employment data,
recommend employment goals, and recommend methods
to measure progress in integrated and gainful
employment of people with developmental
disabilities.
D. Recommend legislative, regulatory, and policy
changes for increasing the number of individuals with
developmental disabilities in integrated employment,
self employment and microenterprises, and who earn
wages at or above minimum wage. This shall include
the development of an Employment First policy, the
intended outcome of which is a significant increase
in the number of individuals with developmental
disabilities who engage in integrated employment,
self-employment and microenterprises, and in the
number of individuals who earn wages at or above
minimum wage. Specifies the proposed Employment
First Policy not limit service and support options
otherwise available.
E. Requires the Committee, by July 1, 2011, and
annually thereafter, to provide a report to
legislative policy committees and the Governor
describing its work and recommendations. The report
shall include the proposed Employment First Policy.
6.Defines "integrated employment" means the same as
"integrated work" as defined in Lanterman Act provisions
related to habilitation services: "the engagement of an
employee with a disability in work in a setting
typically found in the community in which individuals
interact with individuals without disabilities other
than those who are providing services to those
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individuals, to the same extent that individuals without
disabilities in comparable positions interact with other
persons."
Background
SB 1270 (Chesbro), Chapter 397, Statutes of 2006, directed
the State Council on Developmental Disabilities to seek
public input on ways to expand opportunities for people
with developmental disabilities in the areas of employment
and community participation. A report included
recommendations to improve transition planning for students
and steps to expand employment opportunities for people
with developmental disabilities. (SB 1270 Report on
Expanding Opportunities and Choice in California's Day
Program Services for Individuals with Developmental
Disabilities, May 2007.)
In October 2008, the United States Department of Labor,
Office of Disability Employment Policy, held a roundtable
on employment for people with intellectual and other
developmental disabilities. The executive summary made the
following point related to employment of people with
disabilities and the value of policies that promote
employment:
Fortunately, innovative strategies have emerged over the
last few years that, if fully implemented, would remove
most of the existing barriers to employment and
self-sufficiency for individuals with intellectual and
other significant, complex disabilities. ... [A] handful of
states have adopted policies that require employment to be
a prime consideration for Medicaid Waiver dollars. These
"Employment First" initiatives can significantly increase
employment opportunities for individuals with intellectual
and other developmental disabilities and high support
needs.
In 2005, Governor Schwarzenegger issued an executive order
confirming, among other commitments, "State Government has
an opportunity and a responsibility to lead by example,
ensuring individuals with disabilities have an open door to
the many opportunities in public service." ordering all
state entities to utilize best efforts regarding
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recruitment, hiring, and advancement of people with
disabilities. The executive order sets the goal that
California will be a model employer for hiring people with
disabilities.
The administration reports that the governor's cabinet
approved a comprehensive strategy for employment of people
with disabilities in 2006. The strategy includes supports
to counties to increase the number of people returning to
work who use Supplemental Security Income and Social
Security Disability Insurance. The administration also
reports developing a media campaign to reach employers and
people with developmental and other disabilities; a pilot
test of the campaign is under way in San Diego and Kern.
The administration also reports that the governor and the
first lady announced a broad commitment to a
"developmentally disabled opportunity initiative" to give
individuals with intellectual disabilities a chance at
purposeful employment. To support this goal, the first
lady has an initiative "We Include": it includes marketing
tools, a DVD, website, and informational packet for
prospective employers.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
SCDD committee least $50 at least $100 at
least $100 Federal
SUPPORT : (Verified 9/2/09)
Association of Regional Center Agencies (co-source)
Disability Rights California (co-source)
State Council on Developmental Disabilities (co-source)
California Communities United Institute
Developmental Disabilities Area Board 10
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Service Employees International Union
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans,
Feuer, Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jones, Krekorian, Lieu,
Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Skinner, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Yamada, Bass
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, DeVore, Emmerson, Fletcher, Fuller,
Gaines, Garrick, Gilmore, Hagman, Harkey, Jeffries,
Knight, Logue, Miller, Niello, Nielsen, Silva, Smyth,
Villines
NO VOTE RECORDED: Cook, Duvall, Nestande
CTW:JJA:do 9/2/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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