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CDCAN DISABILITY RIGHTS REPORT

#230-2010 – DECEMBER 5, 2010 – SUNDAY

CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK: Advocacy Without Borders: One Community – Accountability With Action - California Disability Community Action Network Disability Rights News goes out to over 55,000 people with disabilities, mental health needs, seniors, traumatic brain & other injuries, veterans with disabilities and mental health needs, their families, workers, community organizations, including those in Asian/Pacific Islander, Latino, African American communities, policy makers and others across California.

To reply to this report write: MARTY OMOTO at martyomoto@rcip.com WEBSITE: www.cdcan.us TWITTER: www.twitter.com - “MartyOmoto”





California Budget Crisis:

LEGISLATURE RETURNS TO STATE CAPITOL MONDAY AFTERNOON UNDER SHADOW OF $25 BILLION DEFICIT & ON-GOING $20 BILLION SHORTFALLS

Outgoing Governor Schwarzenegger Will Hold 1 PM Press Conference On Special Session Proposals to Close At Least $6 Billion of the Deficit – Legislature Controlled by Democrats Almost Certain to Ignore Proposals and Wait Instead When Governor-Elect Brown Takes Over January 3rd – Massive Spending Cuts However Likely Even Under New Governor



SACRAMENTO, CALIF (CDCAN) [Updated 12/05/2010 Sunday 11:00 PM (Pacific Time)] - Facing an enormous over $25 billion projected State budget shortfall and ongoing staggering budget deficits of over $20 billion forecasted for the next several years unless action is taken, both the Assembly and State Senate will return to Sacramento Monday (December 6th) and reconvene at 12 noon in what will likely be a brief one day session to swear in newly elected members, formally elect their legislative leaders and then likely adjourn until January 3rd – the day Governor-elect Jerry Brown officially assumes office.



Schwarzenegger Will Issue Proclamation Calling Special Session on Budget Crisis and Declare “Fiscal Emergency” - Schedules 1 PM Press Conference on Monday

Meanwhile, outgoing Governor Arnold Schwarzenegger, who is governor until 11:59 PM Sunday night, January 2, 2011, will call the Legislature into special session to address the State budget crisis, and will release on Monday, a package of proposed spending cuts in the current State budget – sometimes referred to as “mid year reductions”.



Schwarzenegger will issue proclamations that will declare a budget or “fiscal emergency” under the State Constitution (amended into the Constitution by Proposition 58 approved by voters in March 2004) that gives the Legislature 45 days to pass and send a bill or bills to the governor responding to the crisis. If the 45 days pass, and the Legislature has not passed and sent a bill or bills to the governor addressing the crisis, the Legislature cannot adjourn (but can recess) or act on other bills until it does so.



Schwarzenegger, who has scheduled a 1:00 PM press conference on Monday (December 6th) about the special session, intends to submit to the Legislature a package of proposals to address about $6 billion of the over $25 billion projected deficit. Those proposals are expected to include previously proposed massive reductions and cuts in spending that the Legislature previously rejected.



At this point, it is expected that the Legislature – controlled by Democrats – are almost certain to ignore those proposals and instead wait for the budget plan that Brown will be submitting on or by January 10th (the date in the State Constitution that requires a governor to submit a proposed State budget).



The Governor, however, in a radio address late last week, urged the Legislature to act, saying that “…the bottom line is with a $6 billion deficit we will have to make more cuts. It is simply unavoidable.”



Though he is in his final days as Governor, Schwarzenegger said “I took an oath to serve California until January 3rd, 2011 not until December. So why would I stop working in December? You cannot solve problems by waiting.”



“Now, many people have questioned my decision to call this special session given that it’s my last month of office. Some of the legislators have said they would prefer to wait until the next Governor. But every day of inaction the problem grows bigger and the cuts become more painful.



Schwarzenegger said that action now on the State budget crisis – at least dealing with the over $6 billion dollar hole in the current year State budget would help the new in-coming governor.



“Finally, I want to do everything I can to make the budget a little easier for the next Governor. Because we must do everything we can to have a good transition there. So I look forward to working with the legislators over the next few weeks and getting this done,” Schwarzenegger said.



Legislative Leaders Say Budget Crisis Highest Priority

Both Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento, 6th State Senate District) and Assembly Speaker John Perez (Democrat – Los Angeles, 46th Assembly District) said last week that the highest priority for the Legislature was to deal with the State’s budget crisis.



Both leaders will be working with new Republican legislative leaders – Senate Republican Leader Bob Dutton (Republican – Rancho Cucamonga, 31st State Senate District) and Assembly Republican Leader Connie Conway (Republican - Tulare, 34th Assembly District) who have both indicated in previous statements that they wanted the Legislature to take swift action in spending reductions in order to permanently close the swelling and on-going budget gap.



As an example of the impact of term limits, Steinberg will be the most experienced of the Legislative leaders, though he has only served in that leadership position since the fall of 2008. Still, during that short time Steinberg has worked with 3 different Senate Republican Leaders, 4 different Assembly Republicans Leaders and 2 different Assembly Speakers, and in January, a different Governor (though Brown comes to the office as probably the most experienced person in the State’s history, in terms of the number of offices he has held).



Dutton is the third different Senate Republican Leader Steinberg will be working with (Dave Cogdill, was dumped as Senate Republican Leader during the floor session on the 2009-2010 State budget in February 2009 due to his vote in favor of temporary tax increases, replaced by Dennis Hollingsworth, who stepped down at the end of the 2010 legislative session due to term limits and was succeeded by Dutton).



Steinberg, since the fall of 2008, also has worked with 2 Assembly Speakers (Karen Bass up to February 2010, who was succeeded by Perez, who was first elected to the Assembly in 2008) and 4 Assembly Republican Leaders (Mike Villines who was forced out due to his vote in support of temporary tax increases, though stayed on until June 2009, replaced by Sam Blakeslee, who was succeeded by Martin Garrick in February 2010, who was ousted in part due to loss of a Republican Assembly seat and replaced in November 2010 by Connie Conway).



Governor-elect Brown Will Hold Budget Briefing December 8th

As reported last week, Governor-elect Jerry Brown will host a series of statewide budget briefings or forums, with the first one scheduled for December 8th, Wednesday, beginning at 10:00 AM in Sacramento at the Memorial Auditorium on J Street between 15th and 16th Streets.



The event is being held to focus public attention on the seriousness of the crisis and the drastic choices policymakers and Californians will be confronted with in the coming months and years to solve it.



The December 8th briefing or forum is not open to the general public and is by invitation only –it is expected that it will be televised live, and possibly also live webcasted. Other briefings or forums that may be scheduled in the coming weeks and may be open to the public, including possibly one on education in Los Angeles, and possibly in the Bay Area that could focus on health and human services, which includes services and programs that would impact children and adults with disabilities, mental health needs, the blind and seniors. No announcements however have been made on any additional budget briefing or forum except for the event scheduled for December 8th in Sacramento.



The outcomes from the briefing or forum may not be clear – though it will have the certain effect – intended or otherwise, of taking the spotlight on the budget crisis away from the Schwarzenegger, with only weeks left in office, and shifting it to the new incoming Governor.



A spokesman for the Governor-elect said last week that the briefing will involve legislative leaders from both parties and all legislators have been invited, along with other statewide elected officials.



While specific details of the agenda of the December 8th budget briefing or forum is not yet available, Sterling Clifford, spokesman for the Governor-elect said that Brown “…wants to force the Legislature and the public to really confront how bad the situation is…But he won't be talking solutions yet,” but that “…we want a discussion at least in part of how we got here…what kind of smoke and mirrors have been employed in the past? What are the temporary solutions that we’ve used before and why they won’t work this time…”



Clifford said that the briefing or forum will include a historical look at the state budget crisis and but that it was not an event ". to solve the budget deficit in one day…We want to make sure everyone is operating from the same set of facts. This is not a solve-the-budget meeting. This is a define-the-scope-of-the-problem meeting."



The December 8th budget briefing or forum will be the first public event – other than a couple of press conferences – for Brown since his election on November 2nd., though the Governor-elect has been at the State Capitol several times in private meetings with state officials and legislative leaders and staff on the State budget.



Next Steps

· Both Governor Schwarzenegger (on December 6th) and Brown (by January 10th ) will propose likely massive spending cuts for the Legislature to consider and act on in January to take effect immediately – referred to as “mid year budget cuts” in order to address the $6 billion part of the budget hole. The Legislature – controlled by Democrats – however is almost certain not to act on any of Schwarzenegger’s proposals for mid-year budget cuts – and instead will likely wait until January when Brown assumes office and will submit his proposals to close the immense budget deficit. [Note: CDCAN will issue an Action Alert to organize rallies and other events to bring hundreds of people to the State Capitol to attend and testify at any budget hearings in January and February, including those impacting rights under the Lanterman Developmental Disabilities Services Act, California’s civil rights act for people with developmental disabilities]

· Brown, when he assumes office January 3rd, will propose a spending plan – including budget cuts - on or by January 10th, for the State budget year that begins July 1, 2011 and ends June 30, 2012. That proposed State budget will likely contain proposals for massive spending cuts to address the over $6 billion shortfall projected for the current State budget year that ends June 30, 2011 – and also proposals for major cuts and likely the outline of a major shift in moving key State services to the counties to address the over $19 billion deficit projected for the State budget year that begins July 1, 2011 and ends June 30, 2012. Combined, the projected shortfalls for the current budget year and next year’s add up to over $25 billion.



LEGISLATIVE CALENDAR 2011-2012 SESSION (DECEMBER – FEBRUARY):

12/06 (Monday) - Legislature convenes for one day to swear in newly elected members. Will likely adjourn until January.

01/01 (Saturday) – Laws passed by the Legislature during the 2010 session (except “urgency” bills), take effect on this day

01/03 (Monday) – Legislature reconvenes. Statewide elected officials, including the Governor, Lt. Governor and others, officially take office on this day – though formal inauguration ceremonies could take place at later separate dates.

01/10 (Monday) – Proposed 2011-2012 State Budget must be submitted by the new Governor on or by this date to the Legislature (as required by the State Constitution)

01/21 (Friday) – Last day for legislators to submit bill drafting requests to the Office of the Legislative Counsel.

02/18 (Friday) – Last day for legislators to introduce bills (except for “urgency” bills)



CDCAN SUMMARY LEGISLATIVE & BUDGET MEETINGS

Please note that the various designations of the “priority” of the meetings listed is not a forecast of the importance of what will actually be discussed or is on the agenda of a particular meeting – but an indication that this particular legislative haring or committee or commission meeting could or should be at a certain level of importance or relevance to advocates – including critical issues not on an official agenda):



DECEMBER 6, 2010 – MONDAY

CALIFORNIA LEGISLATURE

TIME AND PLACE: 12 noon – State Capitol – Senate and Assembly Chambers

WHAT: Newly elected members sworn into office and official convening of the first day of the 2011-2012 Legislative session – and the official convening of the special session of the new Legislature to deal with the budget crisis called by Governor Arnold Schwarzenegger.

CDCAN COMMENT:

Normally, the first day of the new Legislative session is fairly brief, consisting of swearing in new members elected the previous November – and officially electing officers.

While some new committee chairs have been previously announced – and more could be announced on this day, the bulk of the new committee chair and committee assignments will likely be announced in January and perhaps not completed until early February. The Legislature will convene the first special session of the 2011-2012 Legislative Session as called by Governor Schwarzenegger regarding the budget crisis.

However the Legislature – controlled by Democrats – is almost certain not to take any specific action on the crisis until next month, when the new governor assumes office January 3rd.

That could change if in the unlikely event that State Controller John Chiang reports this month of an imminent cash crisis where the State would be unable to pay its bills – the main reason which underscored the urgencies and resulting major cuts made in the special sessions in late 2008 and early 2009 and in July 2009.

PRIORITY: HIGH



DECEMBER 6, 2010 – MONDAY

GOVERNOR ARNOLD SCHWARZENEGGER PRESS CONFERENCE

TIME AND PLACE: 1:00 PM at the State Capitol (press room)

WHAT: Governor Schwarzenegger will hold press conference to talk about the special session of the Legislature and the proposals he is asking them to consider and pass to address at least $6 billion of the over $25 billion projected State budget deficit.

CDCAN COMMENT:

With only four weeks left in his term of office as governor, Schwarzenegger’s proposals – expected to be previously proposed – but rejected – spending cuts – is almost certain to be ignored by the Legislature that is returning for one day (December 6th) to swear in newly elected members.

The proposals by Governor Schwarzenegger are not being viewed by the Legislature or advocates as any indication of what the new incoming Governor Brown will end up proposing – though he could very well end up proposing some of those major spending cut proposals.

Even with the proclamation of a “fiscal emergency” under the State Constitution that sets a 45 day timeline requirement for the Legislature to pass and send a bill or bills to the Governor responding to the emergency, that deadline falls 2 weeks into the new Brown Administration.

The new incoming Governor can rescind and replace that proclamation – though there is no disagreement from the outgoing and incoming Governors on the severity and urgency of the budget crisis.

PRIORITY: HIGH



DECEMBER 8, 2010 – WEDNESDAY

GOVERNOR-ELECT JERRY BROWN – STATEWIDE BUDGET BRIEFING

WHEN: December 8, 2010 - Wednesday

TIME: 10:00 AM (not ending time has been released)

WHERE:

Sacramento Memorial Auditorium

1515 J Street [between 15th and 16th Streets]

Sacramento, California 95814

[other statewide budget forums likely in Los Angeles that may focus on education, and in the San Francisco Bay Area, that may focus on health and human services – though no dates or details are yet available]

TOLL FREE LINE: No information available yet

WEBCAST INFORMATION: No information available yet (all budget briefings or forums will likely be open to media, with live telecasts)

AGENDA: No information available yet
WHO THIS IMPACTS: All Californians, but expected to be hard hit with massive spending reductions are those impacted by health and human service programs critical for infants, children and adults with disabilities (including developmental), people with mental health needs, the blind, the deaf, seniors, people with MS, Alzheimer’s Disease and other disorders, people with traumatic brain and other injuries, all their families, state and local government agencies, community organizations, facilities and workers who provide or coordinate or advocate for supports and services.

CDCAN COMMENT:

The format of the budget briefing or forum – expected to be one of at least three across the state – is not known yet.

Governor Schwarzenegger’s Department of Finance Director, Ana Matosantos, along with the non-partisan Legislative Analyst, Mac Taylor, will be participating and providing updates. All members of the Legislature and other statewide officers have been invited. The briefing or forum however, is not open to the general public, and no walk-in registration or entry will be allowed.

This is not a budget hearing and no public testimony will be taken at this event.

Governor-elect Brown is not expected to release any details of what his proposed budget plan will be when he submits it to the Legislature by or on January 10th.

Persons having questions about the briefing or forum can contact the California Department of Justice Conference Services Unit at (916) 445-6557.

PRIORITY: VERY HIGH



JANUARY 1, 2011 – SATURDAY

Bills (non emergency or “urgency” bills, which take effect immediately) passed by the Legislature in 2010 and signed into law by the Governor take effect on this day.



JANUARY 3, 2011 – MONDAY

CALIFORNIA LEGISLATURE

TIME AND PLACE: 12 noon – State Capitol – Senate and Assembly Chambers

WHAT: Reconvenes the 2011-2012 Legislative session – and also (likely) the special session originally called by Governor Schwarzenegger.

CDCAN COMMENT: Not much will likely happen on the first day of the new session – though the week itself will be filled with major events – including the public swearing in ceremonies of all the statewide elected officials, including Governor-elect Jerry Brown.

Also this week the new Governor is likely to address the Legislature formally in his first “State of the State” message – and then on January 10th, release his proposed 2011-2012 State Budget.

Governor-elect Brown officially takes office (Article 5 Section 2 of the State Constitution provides that the “…Governor shall be elected every fourth year at the same time and places as members of the Assembly and hold office from the Monday after January 1 following the election until a successor qualifies.” The ceremonial inauguration usually takes place later.

PRIORITY: N/A



JANUARY 10, 2011 – MONDAY

Governor is required to submit a proposed State budget (in this case for the State budget year that begins July 1, 2011 and ends June 30, 2012) on this day for the Legislature to consider.



VERY URGENT!!!!!

PLEASE HELP CDCAN CONTINUE ITS WORK!!!

DECEMBER 5, 2010 – YOUR HELP IS NEEDED



CDCAN Townhall Telemeetings, reports and alerts and other activities cannot continue without your help. To continue the CDCAN website, the CDCAN News Reports. sent out and read by over 50,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues.



Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network):



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MANY, MANY THANKS TO EMMANUEL (NOW IN FRANCE!), BOB BENSON, EASTER SEALS OF SOUTHERN CALIFORNIA , the Pacific Homecare Services, California Association of Adult Day Health Centers, Valley Mountain Regional Center, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, UCP of Los Angeles, Ventura and Santa Barbara Counties, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), RESCoalition, Sacramento Gray Panthers, Bill Wong, Easter Seals of Southern California, Tri-Counties Regional Center, Westside Regional Center, Regional Center of the East Bay, UCP of Orange County, Alta California Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, Asian American parents groups, Resources for Independent Living and many other Independent Living Centers, several regional centers, People First chapters, IHSS workers, other self advocacy and family support groups, developmental center families, adoption assistance program families and children, and others across California.