CDCAN DISABILITY RIGHTS REPORT
CALIFORNIA DISABILITY-SENIOR COMMUNITY ACTION NETWORK
SEPTEMBER 10, 2015 EARLY THURSDAY MORNING
ADVOCACY WITHOUT BORDERS: ONE COMMUNITY ACCOUNTABILITY WITH ACTION
CDCAN Reports go out to over 65,000 people with disabilities, mental health needs, seniors, people with traumatic brain and other injuries, people with MS, Alzheimer’s and other disorders, veterans with disabilities and mental health needs, families, workers, community organizations, facilities and advocacy groups including those in the Asian/Pacific Islander, Latino, American Indian, Indian, African-American communities; policymakers, and others across the State.
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STATE CAPITOL UPDATE:
SPECIAL SESSION SENATE PUBLIC HEALTH & DEVELOPMENTAL SERVICES COMMITTEE MEETS AT 9 AM TODAY TO HEAR SBX2 14
Bill Would Increase Cigarette Taxes & Propose Revised Managed Care Organization Tax To Fund Continued 7% In Services For IHSS Recipients & $230 Million For Developmental Services
SACRAMENTO, CA [CDCAN LAST UPDATED 09/10/2015 05:10 AM] A new special session bill, SBx2 14, that would continue funding of the restoration of the 7% across-the-board services for all persons receiving In-Home Supportive Services (IHSS) and $230 million in additional funding for developmental services through an increase in taxes on cigarettes, electronic cigarettes, and a revised multi-tiered managed care organization tax, was introduced yesterday by Senator Ed Hernandez (Democrat Azusa, 22nd State Senate District). [the x2 stands for the second special or extraordinary session] The bill will be heard this morning (Thursday, September 10th) in the Senate Public Health and Developmental Services Committee at 09:00 AM at the State Capitol in Room 4203. The hearing will likely be televised and streamed live by CalChannel (see below for details).
The special session bill by Hernandez, who chairs the special session Public Health and Developmental Services Committee and the regular session Senate Health Committee, faces a daunting task toward passage in the final hours of the 2015 Legislative session that is scheduled to end sometime on Friday. The bill, because it would impose new taxes, would require 2/3rds vote on the floors of both the Assembly (54 votes out of the 80 member house) and the State Senate (27 votes out of the 40 member body).
Democrats control 52 seats in the Assembly and 26 seats in the Senate meaning any tax bill proposed by Democrats would need assuming all Democrats voted for it at least 2 votes from Republicans in the Assembly and 1 in the Senate. But peeling off any Republican member and even keeping votes of certain moderate Democrats on the issue of raising taxes will be extremely difficult at this point in the process. Republican leaders and rank and file members in both houses have indicated strong opposition to any new taxes, saying that funding for services including developmental services and Medi-Cal fee-for-service providers should come from budget funding surpluses or in reductions in spending in other areas. In previous hearings on bills proposing an increase in various taxes in both the special sessions on transportation infrastructure funding and health care funding Senate and Assembly Republicans have voted in opposition, citing the need for the State to cut spending, use better oversight in current laws that oversees spending, and use of general fund surpluses that could fund needed health care related services and address the transportation infrastructure crisis.
Previous bills in the special session on health care funding proposing a revision of the managed care organization tax that expires next June, have not been heard in either the Assembly or Senate special session committees or taken up for floor votes. ABx2 18 by Assemblymember Susan Bonilla, which would impose a 5 cents tax on distilled drinks served in restaurants and bars to help fund developmental services and other health care services, passed out of the Assembly Public Health and Developmental Services Committee on Tuesday on strictly a party-line vote, was referred to the special session Assembly Finance Committee, however no hearing on that bill has been set. Prospects for passage out of the Assembly of the Bonilla bill like other bills proposing tax increases is seen, barring a last minute deal with Republicans, the Brown Administration and Legislative Democrats, very unlikely at this point in the legislative process.
While the regular session of the Legislature is scheduled to end sometime on Friday (September 11th), in theory the special sessions dealing with transportation and health care funding, could continue beyond that date, though barring a deal with Republicans on the tax issues, no floor sessions are expected in either special session until next year. However the Democratic leadership in both houses announced yesterday the formation of a conference committee composed of members of both houses to continue work on the transportation funding issues in the transportation special session, though barring a deal with Republicans, no floor sessions during the fall are expected. No such committee has been announced yet to deal with the issues connected to the health care funding special session.
CDCAN will provide more details on the outcome of this and all other special session and regular session bills later today.
WHAT SBx2 14 PROPOSES
SBx2 14 would impose an additional excise tax of $2 per package of 20 cigarettes, impose an equivalent one-time floor stock taxon the cigarettes held or stored by dealers and wholesalers, and indirectly increase the tobacco products tax. The bill would also imposes a tax on electronic cigarettes equivalent to the $2 per package tax imposed on cigarettes by this bill. The legislation would require revenue from tobacco and electronic cigarette taxes to be used for various tobacco use prevention and research, law enforcement, medical school education, for improved payments for Medi-Cal funded services, and to backfill existing tobacco-tax funded services for any revenue decline resulting from the additional tax.
The bill would impose a managed care organization provider tax (MCO tax) on health plans, with different taxing tiers based on enrollment. Continuously appropriates funds from the managed care organization (MCO) tax for purposes of funding the nonfederal share of Medi-Cal managed care rates, and transfers $230 million, to be used upon appropriation by the Legislature, to increase the funding provided to regional centers and to increase rates paid to providers of service to the developmentally disabled. The funding from the tax would also continue the funding to IHSS that repealed the 7% reduction in hours of service to each In-Home Supportive Services recipient of services.
DETAILS ON SBx2 14
The following are the details, including latest versions of SBx2 14 and committee analysis for today’s (September 10th) hearing:
SBx2 14 TOBACCO: ELECTRONIC CIGARETTES: TAXES: MANAGED CARE ORGANIZATION PROVIDER TAX: IN-HOME SUPPORTIVE SERVICES.
AUTHORS: Senator Ed Hernandez (Democrat Azusa, 22nd State Senate District)
SUMMARY (AS INTRODUCED 09-09-2015 FROM SENATE PUBLIC HEALTH AND DEVELOPMENTAL SERVICES COMMITTEE ANALYSIS):
Imposes an additional excise tax of $2 per package of 20 cigarettes, imposes an equivalent one-time floor stock tax on the cigarettes held or stored by dealers and wholesalers, and indirectly increases the tobacco products tax. Imposes a tax on electronic cigarettes equivalent to the $2 per package tax imposed on cigarettes by this bill.
Requires revenue from tobacco and electronic cigarette taxes to be used for various tobacco use prevention and research, law enforcement, medical school education, for improved payments for Medi-Cal funded services, and to backfill existing tobacco-tax funded services for any revenue decline resulting from the additional tax.
Imposes a managed care organization provider tax (MCO tax) on health plans, with different taxing tiers based on enrollment. Continuously appropriates funds from the managed care organization (MCO) tax for purposes of funding the nonfederal share of Medi-Cal managed care rates,
and transfers $230 million, to be used upon appropriation by the Legislature, to increase the funding provided to regional centers and to increase rates paid to providers of service to the developmentally disabled.
Repeals the 7% reduction in hours of service to each In-Home Supportive Services recipient of services.
LATEST COPY OF SBx2 14 (AS INTRODUCED 09-09-2015) PDF DOCUMENT COPY (31 PAGES):
LATEST COPY OF SBx2 14 (AS INTRODUCED 09-09-2015) HTML VERSION:
COMMITTEE ANALYSIS (BY SENATE PUBLIC HEALTH & DEVELOPMENTAL SERVICES COMMITTEE) FOR SEPTEMBER 10, 2015 HEARING PDF DOCUMENT COPY (9 PAGES):
PREVIOUS ACTION 09/09/2015: In State Senate Introduced. Referred to Senate Public Health and Developmental Services Committee [special session committee].
LATEST ACTION 09/09/2015: Set for hearing September 10, 2015.
CDCAN COMMENT: The bill, in its current form, would require 2/3rds vote in both the Assembly (54 votes) and the State Senate (27 votes) in order to pass and be sent to the Governor.
SPECIAL SESSION SENATE PUBLIC HEALTH AND DEVELOPMENTAL SERVICES COMMITTEE MEMBERS
The following are the members of the special session Senate Public Health and Developmental Services Committee
Senator Ed Hernandez (Democrat – Azusa), Chair
Senator Mike Morrell (Republican – Rancho Cucamonga), Vice-Chair
Senator Joel Anderson (Republican – Alpine)
Senator Jim Beall (Democrat – San Jose)
Senator Isadore Hall, III (Democrat – South Bay)
Senator Mark Leno (Democrat – San Francisco)
Senator Mike McGuire (Democrat – Healdsburg)
Senator Holly Mitchell (Democrat – Los Angeles)
Senator John Moorlach (Republican – Irvine)
Senator Bill Monning (Democrat – Carmel)
Senator Jim Nielsen (Republican – Gerber)
Senator Richard Pan (Democrat – Sacramento)
Senator Lois Wolk (Democrat – Davis)
HOW TO WATCH HEARINGS ON CALCHANNEL OR ON ASSEMBLY/SENATE TELEVISION LIVE
There are several different ways to watch nearly all of the scheduled events (including those at the State Capitol by the Governor), policy and budget hearings at the State Capitol, either live or on demand (meaning sometime later after the hearing is held):
CDCAN INFO ON WATCHING A HEARING LIVE STREAMED ON INTERNET
Go the CalChannel website tab under Live Webcasts:
Live broadcasts are listed by order of date and time usually for that day only. The streaming doesn’t begin usually until the actual scheduled time of the hearing or floor session (the time of the hearing to the right of committee name is where you click on to view the stream). IF the hearing or floor session is not listed as one of the events to be streamed live, check below under “ASSEMBLY AND SENATE TELEVISION” for alternate way to watch the hearing or floor session.
CDCAN INFO ON WATCHING A HEARING LATER (ON DEMAND)
CalChannel.com keeps an archive of all the hearings held that can be viewed by anyone. Viewing the live or recorded hearings from the CalChannel website is free.
To view a recorded hearing, go to the CalChannel website and click the tab “Video on Demand”or click on this link:
The page will list all the hearings recorded by date and committee name. If you wish to download the entire hearing on your computer, click on the “MP4 Download” link next to the hearing you want. If you wish to view the hearing from the website click the “video” link next to the hearing you want, under the “Watch” column. Both are free to the public.
CDCAN INFO ON LIVE CABLE TV BROADCAST
People can also view the hearing via cable TV through CalChannel, though not all cable companies carry CalChannel. To find what channel it may be on (if you cable company carries CalChannel) check this listing for your city or area and local cable company.
The list is in alpha order by cable company:
To find out what hearings will be televised live (different from live streaming on the internet) on your cable channel, go to the CalChannel.com website for the schedule of hearings that will be broadcast live (this is DIFFERENT from hearings that are streamed live) at:
CDCAN INFO ON FOR LIVE AUDIO ONLY VIA ASSEMBLY WEBPAGE
For a live audio only (no video) of an Assembly hearing, click on the link below that will take you to the California State Assembly Today’s Events:
Scroll down past the title “Committee Hearings”. Assembly Committee hearings (including budget subcommittee hearings) are listed in date order, and then by order of time. When you find the desired committee hearing, click on “Listen To This Hearing” and a window should open up
You can also find the audio link to a hearing not streamed live or broadcast live by CalChannel by going to California State Assembly “Room List” webpage, which lists all the rooms (including the chambers where floor sessions are conducted) where all hearings are held.
You have to know the room number the committee hearing is scheduled to be held in. If you know, simply scroll down the page until the find the room number and then click on the link “Listen to this room”.
CDCAN INFO – LIVE VIDEO STREAM (ASSEMBLY OR SENATE)
If CalChannel is not streaming or broadcasting a specific hearing being held, often the Senate and Assembly may have a live video stream of the hearing, which can be accessed by clicking the link below. The video stream, when it is provided, is different from the CalChannel video stream, with the video camera in a fixed position and the quality not as good. There is no archive of previous hearings held (unlike CalChannel). Look for the hearing room or floor chambers you want to view live ( to below, find the room number, and then click on the Assembly website link:
After reaching that page,click on the room number (or chamber) where the hearing or floor session is located.
This is the same page where you can also click on the link for an audio only live stream of the hearing you want to listen to. As mentioned, the audio quality varies depending on the room and who is speaking. (It doesn’t matter if the floor session or hearing is an Assembly or Senate floor session or hearing you can access either through this site).
CDCAN – MARTY OMOTO YOUTUBE CHANNEL
A CDCAN (Marty Omoto, family member and advocate) youtube channel was set up and has several videos dealing with current and previous state budget issues, disability and senior rights, and advocacy.
To see the current videos, including March 2014 San Andreas Regional Center Aptos Legislative Breakfast, January 2014 panel discussion on services for adults with autism spectrum and related disorders in Palo Alto, and older videos including video of April 2003 march of over 3,000 people with developmental disabilities, families, providers, regional centers and others from the Sacramento Convention Center to the State Capitol (to attend and testify at budget hearing on proposed massive permanent cuts to regional center funded services, go to the CDCAN (Marty Omoto) Channel at: https://www.youtube.com/channel/UCEySEyhnr9LQRiCe-F7ELhg
More videos including new current videos (an interview with longtime advocate Maggie Dee Dowling is planned, among others) plus archive videos of past events will be posted soon.