Bill Passed In Assembly 68 to 0 – SB 69 Would Have Delayed Implementation of IHSS Worker Requirements – Requires Department of Social Services To Convene Stakeholder Process Before Implementation of New Requirements – Counties and Advocates Say Without A Delay In Implementation Widespread “Panic and Confusion” Will Grow Worse Across State Among the 462,000 Persons With Disabilities, Seniors in the IHSS Program

SACRAMENTO, CALIF (CDCAN) [Updated 11/04/09  12:01 AM  (Pacific Time)  -  With the State’s water crisis dominating attention at the State Capitol, the State Senate reconvened its floor session at 11:35 PM, over 8 hours since it recessed Tuesday afternoon, but failed to pass SB 69, a bill that would have delayed the November 1 st implementation of several requirements for In-Home Supportive Services (IHSS) workers (providers), with a final vote taken just after midnight.  The final roll call was 23 votes in favor and 12 votes opposed, with 5 members not voting.    No further action on the bill is expected at this point with the failure to win passage and it is not certain what the Legislature – or the counties and advocates will do next.

The initial vote before going into recess was 23 to 10, but because the bill is an “urgency” or emergency bill, 27 votes are needed for passage in the 40 member State Senate.  The final roll call vote fell strictly on party lines – with all 23 votes in favor Democrats – and all 12 votes in opposition Republicans.  Democrats control the State Senate with 25 seats, and Republicans holding the remaining 15.

The Assembly passed SB 69, with amendments by Assemblymember Noreen Evans (Democrat – Santa Rosa)  by an overwhelming final vote of 68 to 0.  As previously reported, SB 69 received support from Assembly Democrats and Republicans including Assembly Republican Leader Sam Blakeslee (Republican – San Luis Obispo) who spoke on the Assembly floor urging Assembly Republicans to support the measure.

While IHSS remains a health and safety crisis with most members of the Legislature, both houses have been largely focused Monday and today on trying to pass a long delayed agreement resolve the state’s water crisis.  It is not certain what happens next with counties saying it cannot comply in implementing the new IHSS worker requirements because, they claim, the State has not provided in time, clarification on questions, translated materials, clear directions or guidance on implementation, and released the funding for counties to hire and train the staffing needed to implement the new requirements.  Counties – representing over 86% of the 462,000 people with disabilities, mental health needs, the blind and low income seniors in the IHSS program, and disability and senior advocates say without a delay in the November 1 st implementation, widespread “panic and confusion” will grow worse across the state resulting in people losing workers or not having new workers available so they can remain safely in their own homes.

The new requirements included mandatory fingerprinting and background checks, in person orientation and new worker (provider) enrollment forms for all IHSS workers.  Counties have said they have not received clear directions and guidance or the time needed to implement the new rules by the November 1 st effective date.

CDCAN VOTE RECORD REPORT – SB 69 (FINAL VOTE)

STATE SENATE FLOOR VOTE 11/04/09: PASS AS AMENDED (AGREE OR CONCUR IN ASSEMBLY AMENDMENTS)

VOTE NEEDED TO PASS:  27

VOTING YES – 23 TOTAL:
SENATE DEMOCRATS (23):  Elaine Alquist, Ronald Calderon, Gil Cedillo, Ellen Corbett, Mark DeSaulnier, Denise Ducheny, Dean Florez, Loni Hancock, Christine Kehoe, Mark Leno, Carol Liu, Alan Lowenthal, Gloria Negrete McLeod, Alex Padilla, Fran Pavley, Curren Price Jr., Gloria Romero, Joe Simitian, Darrell Steinberg (Senate President Pro Tem), Patricia Wiggins, Lois Wolk, Roderick Wright, and Leland Yee.

SENATE REPUBLICANS (0): ***none***

VOTING NO – 12 TOTAL:
SENATE DEMOCRATS (0): ***none***

SENATE REPUBLICANS (12):  Roy Ashburn, John Benoit, Dave Cogdill, Dave Cox, Jeff Denham, Bob Dutton, Dennis Hollingsworth (Senate Republican Leader), Bob Huff, Abel Maldonado, Tony Strickland, Mimi Walters and Mark Wyland

NOT VOTING, ABSTAIN OR ABSENT

SENATE DEMOCRATS (2) :  Lou Correa and Jenny Oropeza

SENATE REPUBLICANS (3) : Sam Aanestad , Tom Harman, and George Runner

The bill as approved by the Assembly, with amendments by Assemblymember Noreen Evans (Democrat – Santa Rosa) would have required the following:

· Requires the Department of Social Services to conduct a full stakeholder process prior to implementing the provisions that  were intended to be in effect on November 1, 2009.

· Requires the stakeholder process to be concluded by February 1, 2010 (which means actual implementation date could be as late as the first week of  April  2010 if the stakeholder process ended February 1)

· Delays implementation of the IHSS worker (provider) requirements by 60 days after the stakeholder process is concluded.

The bill would have changed the effective dates for several of the provisions dealing with IHSS worker (provider) requirements in budget related bills passed by the Legislature and approved by the Governor in late July as part of the 2009-2010 revised state budget including provisions in ABx4 19, and also changes to the IHSS in the main revised budget bill (ABx4 1) and the other budget related bill dealing with IHSS – ABx1 4