BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1196|
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THIRD READING
Bill No: SB 1196
Author: Negrete McLeod (D)
Amended: 3/23/10
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-0, 4/13/10
AYES: Liu, Romero, Runner, Yee
NO VOTE RECORDED: Maldonado
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Lanterman Developmental Center
SOURCE : Author
DIGEST : This bill requires the Department of
Developmental Services to comply with certain Internet Web
site posting provisions for documents related to the
proposed closure of the Lanterman Developmental Center.
ANALYSIS :
Existing Law
1. Establishes the Lanterman Developmental Disabilities
Services Act, which is an entitlement program that
provides support and services to people with
developmental disabilities, as specified.
2. Establishes the jurisdiction of the Department of
CONTINUED
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Developmental Services (DDS) over specified
institutions.
3. Requires DDS, in proposing the closure of a state
developmental center, to submit a detailed plan to the
Legislature not later than April 1 immediately prior to
the fiscal year in which the plan is to be implemented,
and as a part of the Governor's proposed budget. Allows
the plan to be subsequently modified during the
legislative review process, and prohibits the plan,
including modifications, from being implemented without
the approval of the Legislature.
4. Requires DDS, prior to submitting the plan, to solicit
input from and confer with parties, as specified, and
hold at least one public hearing in the community in
which the developmental center is located, with public
comment from that hearing summarized in the plan.
5. Requires the plan to include the following:
A. A description of the land and buildings
affected.
B. A description of existing lease arrangements at
the developmental center
C. The impact on residents and their families.
D. Anticipated alternative placements for residents
E. The impact on regional center services.
F. Where services will be obtained that, upon
closure of the developmental center, will no longer
be provided by that facility.
G. Potential job opportunities for developmental
center employees and other efforts made to mitigate
the effect of the closure on employees.
H. The fiscal impact of the closure.
I. The timeframe in which closure will be
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accomplished.
This bill:
1. Requires DDS to maximize opportunities for public
involvement relative to the proposed closure of the
Lanterman Developmental Center by requiring that any
plans and other public documents be posted on the
department's Internet Web site no more than 72 hours
after publication.
2. Requires DDS to post on its Internet Web site notice of
any public meetings or teleconferences relative to the
proposed closure of the Lanterman Developmental Center,
along with public access information, no less than 72
hours prior to those public meetings or teleconferences.
Background
On January 29, 2010, DDS sent letters notifying the
Legislature and other interested parties that it was
initiating the process to plan for the closure of Lanterman
Developmental Center (Lanterman), a DDS-operated facility
located in Pomona, California, that provides 24-hour care
and treatment to persons with developmental disabilities
(consumers). The letter stated that, of the four large
developmental centers that DDS operates, Lanterman serves
the smallest population and has the highest per-consumer
cost. DDS notes that Lanterman is one of the oldest
facilities, and its infrastructure is in need of major
repairs and capital improvements, all of which would
require a significant investment of state funds over the
next few years.
Outreach efforts prior to the closure plan . On February
24, DDS held a 7-hour public hearing on the proposed
closure of Lanterman in the auditorium on its campus. DDS
noted that approximately 92 speakers provided verbal input,
and 276 written submissions were received through March 22,
2010. The summary of public comments was made available in
the closure plan, submitted on April 1, 2010. The 242-page
transcript of the hearing, and the 397-page attachment of
written comments were made available on April 1st on DDS's
Web site, along with the closure plan itself. DDS posted
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the public hearing notice on its Web site on February 9th,
and posted the notice in the Los Angeles Times and San
Gabriel Valley Tribune on Feb 14, 15, 18, 21, 22, and 24.
According to information in the closure plan, DDS contacted
85 stakeholder organizations between January 29 and March
22, 2010, to inform and seek input from all interested
parties. These took place in the form of face-to-face
meetings, open forums, phone contacts, a scheduled public
hearing, and via e-mail. Stakeholder organizations
contacted included 5 consumer organizations and
individuals; three parent organizations and individuals;
nine employees and employee organizations; 16 governmental
offices, including local, state, and congressional; 20
provider and advocacy organizations; six managed care
plans; 15 regional center organizations; and 11 state
departments.
Lanterman closure plan . On April 1, pursuant to its
statutory obligation, DDS submitted a closure plan to the
Legislature, which identifies the essential policies and
strategies that will be utilized to: achieve a safe and
successful transition of individuals with developmental
disabilities from Lanterman to other appropriate living
arrangements as determined through the individualized
planning process; support employees with future employment
options by generating or identifying job opportunities,
providing assistance, counseling and information, and
working closely with the affected bargaining units; and
address the disposition of, and other issues affecting, the
Lanterman property.
DDS notes that although a specific closure date for
Lanterman has not been set, it is anticipated that the
closure process will take at least two years. Closure will
occur only when necessary services and supports are in
place and each resident has transitioned. DDS states that
it intends to establish three advisory groups for future
input and guidance toward a smooth and successful closure.
NOTE: For a detailed history of Lenterman Center, see
Senate Human Services Committee analysis which
contains previous legislation.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
OPPOSITION : (Verified 4/28/10)
American Federation of State, County, and Municipal
Employees, AFL-CIO
ARGUMENTS IN SUPPORT : The author's office writes, "That
on January 29, 2010, DDS proposed the closure of Lanterman
Developmental Center in Pomona, which is located in her
district, and submitted the closure plan on April 1, 2010.
The author states that she is interested in pursuing
legislation that could potentially be used to either
counter provisions of the DDS proposal, or to strengthen
them in order to ensure that the needs of the larger
Lanterman community are met if closure becomes certain.
The author states that she is committed to ensuring that,
if the closure goes forward, the lessons of past closures
are heeded and that the State of California lives up to its
obligations to persons with developmental disabilities."
ARGUMENTS IN OPPOSITION : American Federation of State,
County and Municipal Employees, AFL_CIO writes, "AFSCME is
opposed to SB 1196 because it transfers intensive services
form existing facilities to a decentralized network which
is less prepared to take other duties, all the while paving
the way for the privatization and sale of the prime public
land these facilities are on. Disable individuals admitted
to the Lanterman and Fairview centers have already been
screened by regional organizations, and their need has been
judged severe enough to warrant admission."
CTW:DLW:do 4/28/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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