Legislative Notebook for 2000
Sacramento Connection for October 13, 2000
1. We reported last week that the Telephonic Reader legislation AB 2757 by Roderick Wright was vetoed by the governor because he felt the reader service portion of the legislation would adversly effect the rest of the deaf and disabled program of the puc, Dan met with the governor's staff and helped them realize that the veto itself adversly impacted this program. we now have heard from the governor's office that they will urge the puc (public utilities commission) to re-introduce the bill in late december and they now support the telephone reader component of our proposal.
2. we urge everyone to vote this november 7. voter guide information is available in several formats. first, the cassette version of the guide is available from the secretary of state's office at 800-345-8683.
The voter guide is also available on our website www.acb.org/ccb.
finally, some telephone reader services have the guide such as sacramento access news so check with the reading service nearest your area.
3. The final date for obtaining convention rates for the upcoming fall ccb convention is october 19th. please have your reservations in by this date. the convention will be held at the los angeles holiday crowne plaza 3106427500. the hotel has its own website www.crowneplaza.com.
October 5, 2000
1. Our historic "Tactile Sign bill, SB 1242 by Ortiz was signed into law by the Governor as chapter 989.
The legislation may be found on our website www.acb.org/ccb in the legislative advocacy area.
2. Some bad news though, AB 2757, the telephonic reading system bill of which we were co-sponsor was suprisingly vetoed. the governor stated in his veto message that "the telephonic reading program would have a negative affect on programs within the deaf and disabled telecommunications program, ddtp". However, this veto has caused the very program he was trying to protect to loose its entire funding as of january 1, 2001. Programs such as the California Relay Service and public TTY services will loose their funding. Dan and the other co-sponsors of this bill are working with the Governor's Office to resolve this problem and I am sure we will have more for you on this situation later.
3. Unfortunately, SB 929 was signed into law expanding the scope of practice for California's optometrists. The bill by Richard Polanco is chapter 676.
4. AB 2185, the infant eye screening bill by martin gallegos was signed into law as chapter 325.
5. ab2222 was chaptered as 1041 by sheila kuehl. the bill deals with mitigating measures and reasonable accomodation in the workplace.
6. the disabled placard bill, ab 1792 by villairaigosa was signed into law, chapter 524.
6. sb 1633 by dede alpert replaced ab 1795 duplicating language in the nfbc braille bill with respect to public schools and publisher textbook pupil access. unfortunately, the bill was vetoed.
7. a bill which would have put 1.3 million dollars into adaptive technologies for the blind and disabled with respect to libraries and the internet was vetoed; sb 1774 by debra bowen.
8. finally, a medi-cal medical durable goods bill similar to ab 368 passed and was signed by the governor. the bill would allow parents who need devices in the care of their children to obtain them on medi-cal.
the bill is chapter 453.
9. all of this legislation is available on our website.
10. all 2000 blind californian issues are now available in the bc section of the website.
Connection Information for Week of September 29, 2000
1. SB 1242 by Ortiz, our Tactile Sign and Public Building legislation is sitting on the governor's desk waiting to be signed. Thanks to all for sending and calling in your support to his office.
2. the nfbc braille bill, ab 609 by scott wildman was unfortunately vetoed. the bill would have provided access by publishers providing textbooks in accessable formats to blind and visually impaired pupils k through 12.
In his veto message, Davis states that the bill would no longer require assessments to determine appropriate reading levels, weakening the current system and the measure would be too costly for publishers and schools.
3. the following bills were signed into law:
the infant eye screening bill, ab 2185 by gallegos and the disabled placard bill, ab 1792 by villaraigosa;
many other bills are waiting to either be signed or vetoed and we'll let you know on future connections.
4. your support is needed on a new piece of legislation we discovered sb 1774 by debra bowen would put over 1.3 million dollars for closing the digital devide for pupils k through 12 by funding products and services for the blind and disabled for internet access via libraries. we urge you to call or write the governor stating your support.
His office number is 916-445-2841 or write him at governor gray davis first floor state capitol building, sacramento, ca. 95814
5. the latest list of talking atm machines here in california is available either from our office 800-221-6359 or on our website www.acb.org/ccb.
Legislative Update September 1, 2000
1. The 1999-2000 legislative session has ended with the following good news!
SB 1242, Ortiz, our tactile signage and public buildings legislation is headed to the governor, hopefully, for his signing.
AB 609, Wildman, the nfbc braille bill is headed to the governor.
AB 2757, Wright, the telephone reader bill is headed to the governor.
Ab 2185, Gallegos, the infant eye screening bill goes to the governor.
formally, ab 1795, now SB 1633, Alpert, the special education bill which has much the same language as ab 609 also is headed to the governor.
AB 1792, Villaraigosa, the Disabled Placard bill which would strengthen penalties for violators, is going to the governor but may be vetoed.
We urge you to contact the governor and urge him to sign these bills. His office will log your call phone 916445-2841.
Now for the bills that didn't do so well.
AB 368, Kuehl, the low vision optical devices as prosthetics bill died in senate appropriations.
SB 929, Polanco, expansion of practice for optometrists was sent to the governor.
The bill increases sergical capabilities and perscription powers of these optometrists.
2. Several legislators are either termed out or retiring. We are sad to see a long time champion for the blind and visually impaired retire, Senator Teresa Hughes. She has served us well over the years and the CCB will be sending her a letter of appreciation.
Sacramento Connection: 082400
1. SB 1242, by Senator Ortiz, our Tactile Sign and Public Buildings legislation
passed the Assembly and goes to Senate concurrence where it is expected to
pass then be sent to the Governor.
The vote on the Assembly Floor was 54 to 12.
2. AB 368 by Sheila James Kuehl has died in Senate Appropriations. The
author notes that there is virtually no chance for this bill to stay alive at this
point. This legislation would have considered optical devices as prosthetic
medical devices covered under insurance and medi-cal.
3. AB 2185, the infant eye screening bill by Martin Gallegos passed off the
Senate Floor and goes to Assembly concurrence then to the governor.
4. AB 1792 by Antonio Villaraigosa the disabled placard bill moves out of
Senate Appropriations and on to the Senate Floor.
5. Finally, AB 609, the NFBC "BRaille" bill also passed Senate Appropriations
and moves to the Senate Floor.
Other bills have not been heard but we will have the final legislative on the
Connection next week.
Connection information for week of 8/18/00
2. Dan Kysor was selected to serve on the attorney generals taskforce on
crime victims with disabilities as well as the california disabled victims of
crime committee. He will be coordinating our efforts with the CCB
committee on hate crime and domestic violence. members who would like to
contribute input on this subject are requested to contact dan kysor at
916-648-3936.
3 The Architectural and Transportation Barriers Compliance Board,
"Public Right of Way Access Advisory Committee" of the U.S. Department
of transportation met this last week in San Francisco to update regulations
for pedestrian safety. ACB national represenitives as well as several ccb
represenitives were present to provide input on a variety of safety features
such as audible traffic lights, button locater beeps, detectible warning
domes, guide strips and round about accessible crossings. the hearings are
still in progress as i record this connection so we will have more on these
hearingssoon.
4. ab 609 by scot wildman known as the "nfbc braille bill" has been held up
due to cost factors. the author has assured us that he has placed this
legislation as one of his top priority bills.
5. ab 1795 which was chaptered without the iep braille instruction language,
identical to ab 609 was put into SB 1633. however, it for the most part,
duplicates our own braille bill.
The bill however, includes the publisher language of 609 making textbooks
accessible k through 12.
6. our tactile sign bill sb1242 by deborah ortiz will be heard on the assembly
floor sometime next week. we are working on opposition from some
republicans who mistakenly think we're creating a new fee for plan checking
but in fact, the fee has existed since 1968. Assemblyman anthony pescetti
from east sacramento will be presenting our bill on the floor.
7. ab 368, the prosthetic device's bill authored by sheila kuehl will be heard
sometime next week in the senate appropriations committee. please contact
patrick johnston, the appropriations chair at 916-445-2407 and also contact
john burton at 916-445-1412 and let them know you want hmo's, and
medi-cal coverage for low vision prosthetic devices. this bill is being held up
due to financial costs.
7. AB 2185 by Martin Galegos, the newborn eye screening bill is being heard
sometime this week on the senate floor. we will let you know next week on
this bill's fate.
August 11, 2000
1. Our tactile signage and disability access bill passed wednesday the assembly appropriations committee and moves to the floor.
this bill will bring california into conformance with the federal a.d.a. and sets up a regulatory process for implementing the enforcement of tactile sign instalaations in all public buildings.
2. ab 2185 by martin gallegos, the eye screening for newborns passed out of appropriations and also moves to the assembly floor.
3. ab 2757, the telephone reader bill passed out of senate appropriations and will move to the senate floor.
4. ab 2222 by kuehl passed the senate judiciary and moves to the senate appropriations committee.
the bill strengthens reasonable accomodation in the workplace and prevents employers of discrimination of past illnesses or disabilities.
July 20, 2000
1. Your help is needed asap!
Please call the members of Congress and let them know we oppose HR3590, the
ADA Notification Act. This is the bill that would require people whose rights
under Title III of the ADA have been violated by a place of public accommodation to give that
accommodation
90 days notice of the violation before filing suit against the violator.
House Republicans are considering putting this bill on the Suspension Calendar,
which would
enable them to bring it to a vote with very little prior notice to the
public.
This action would
require a favorable vote of two thirds of the members, but can be done very
quickly.
Action Needed: TELL THEM NO Suspension, WE OPPOSE HR 3590
Please help us let the House of Representatives (both DEMOCRATS and REPUBLICANS)
know that they MUST NOT LET THIS HAPPEN! Let them know that if they vote for
this bill WE WILL VOTE IN NOVEMBER! Email or call your Representative today
and everyday to tell them not to be fooled by the "reasonableness" of this issue. It is nothing more that a political coverup for stripping away the civil and legal rights of people with disabilities. Don't let them take
away
the
rights or remedies given to people with disabilities under the ADA. Passing
HR 3590 would return people with disabilities to second class citizenship by
giving their rights a lesser degree of legal protection than race or gender.
Please email or call your Representative and the following members of the House Leadership.
Mr.Canady
Mr Foley
Mr Hyde
Mr Hastert
Mr Delay
The House leadership is
trying to count votes right now. Remember, they need 2/3 to bring the bill up
on
Suspension. Tell your representative when they see it to "JUST SAY NO."
2. The ACB Capitol Chapter:
On Tuesday, July 25, at 6 pm., we are holding a protest of the inaction of the city of Sacramento regarding curbramps and sidewalks. We intend to meet outside the city council chamber and then have as many as want to speak get on the public comment period. Even if folks don't want to speak, it would be great to see blind and visually impaired folks join this protest to make sure that our safety and access needs are met. If we don't speak up, we won't be heard.
for further information, contact
Jefff Thom at 916-429-8201 evenings
3. The California Democratic Parties Disability Caucus has proposed the a resolution to the State and National Democratic Party Conventions on
The American with Disabilities Act (A.D.A.)
You may find the full version on the CCB website or on the CCB-L listserv.
Text of Resolution:
WHEREAS: The Americans with Disabilities Act (ADA)
was signed into law on July 26, 1990 to guarantee
persons with disabilities equal rights under the
Constitution and serves as the crowning achievement
of the 20th Century for persons with disabilities.
The California Democratic Party adopted platform
language to implement and aggressively enforce the
Americans with Disabilities and related federal and
state laws, guaranteeing persons with disabilities
full access to all aspects of the public and private
sectors; and
WHEREAS: The ADA is under massive attack, along with
its forerunner Section 504 of the 1973 Rehabilitation
Act which has been challenged and which will be heard
by the Supreme Court on grounds that these laws are
unconstitutional under the 11th Amendment.
Proponents of the ADA contend that Congress did not
exceed its authority in imposing the ADA under Title
II states having found evidence to show that the
state and local governments had engaged in a
historical pattern of discrimination against persons
with disabilities
THEREFORE BE IT RESOLVED: That the California
Democratic Party supports the ADA with all its
resources, fight all legislative and judicial
challenges to all Federal access laws. Send a strong
message to the Governor and State and Federal
representatives to support and defend all access laws
and sign-on to any and all Amicus Briefs to support
the ADA and support implementation of a California
ADA and urge the Democratic National Party to do the
same.
BE IT FURTHER RESOLVED: That the Democratic Party,
at both the state and national levels state that it
is never all right to charge persons with
disabilities for equity and equality.
Submitted by Francie Moeller
* * *
Adopted by the California Democratic Party
At Its Executive Board Meeting
Sheraton Universal Hotel, Universal City
July 9, 2000
Patty Mar
California Democratic Party
911 - 20th Street
Sacramento, CA 95814-3115
916.442.5707 / FAX 916.442.5715
http://www.ca-dem.org
patty@ca-dem.org
July 14, 2000
1. Governor Gray Davis reversed his patition to the U.S. Supreme Court relating to the Dare VS. DMV/Placard fee and reasonable accomodation.
THe Governor said the California appeal to the U.S. Supreme Court threatens
the national Americans With Disabilities Act, and "I simply will not
be party to any lawsuit that could put the [act] in jeopardy."
At a hastily called press conference, Davis said he will direct
the state's lawyers to settle the case rather than pursue the appeal.
It is unclear what this settlement entails but we will let you know when we get more information.
2. The California Legislature is currently on summer vacation and will re-convene on August 7.
3. Our tactile sign bill, SB 1242 by Deborah Ortiz is scheduled to be heard in Assembly Appropriations on August 9.
4. AB 2222 by Assemblywoman Sheilla Kuehl which strengthens reasonable accomodation in the workplace as well as discrimination on the basis of past illnesses or disabilities is scheduled to be heard in Senate Judiciary on August 8th.
5. SB 929 by Richard Polanco was heard on June 27th in Assembly Health and moves on to the appropriations committee. The bill is very much watered down and both the Ophthalmologists and optometrists support the bill. The expansion of practice for optometrists has been removed.
6. The newborn eyescreening bill, AB 2185 passed Assembly health committee and moves on to appropriations August 8th.
7. AB 2757, the Telephonic Reader bill will have its final hearing in Senate appropriations on August 7
Connection Info for June 27, 2000
1. A legislative seminar was held at a combined meeting of the San Gabriel and Whittier Chapters of the California Council of the Blind.
Dan Kysor presented points on advocacy and an overview on our legislative agenda for 2000 and 2001. He pointed out that each chapter should appoint a legislative representative.
He wanted to correct an error in his presentation when he gave the subscription information on the CCB emailing list. To subscribe to the list:
send email to ccb-l-subscribe@egroups.com and leave everything else blank.
Dan really enjoyed meeting all of you who were in attendance and would like to thank the Wolf's for hosting him during his stay.
2. The telephone access bill, AB 2757 by Roderick Wright passed the Senate Energy and Utilities committee on Tuesday and moves to Senate Appropriations next month.
3. AB 609, the Braille Assessment and electronic textbook access bill passed Senate Appropriations this week and moves to the floor.
4. mention that many of us will be at the kentucky convention. the Capitol office of the CCB will be closed until Monday July 10th.
June 21, 2000
1. We are pleased to report SB 1242 by Deborah Ortiz passed unamously out of the assembly policy committee and moves on to appropriations next month.
Although some portions were stricken from the bill such as the certification requirement for occupancy, the bill is still a strong access bill and will now bring much of california code into compliance with the a.d.a. and will address our concerns regarding tactile signage in the building standards regulatory process. many thanks for all of the hard work by ccb members who helped pass this bill. The Independent Living Services of Northern California have signed on to this Legislation as co-sponsors.
This bill is the most significant ada bill in the last 30 years for it strengthens and clarifies many portions of title 24 regulations.
There is no opposition to this bill.
2. AB 1792 by Antonio Villaraigosa passed out of Senate Transportation and now moves on to Senate Appropriations Committee. There is no opposition to this bill.
The bill strengthens penalties and fines regarding use violations ofHandicap Placards or parking spaces.
3. The Telephonic Access bill AB 2757 by Roderick Wright will be heard on Tuesday jJuly 27th at 1:30 pm in room 112.
The bill would create a toll free system where-by the blind and print impaired could access newspapers and other publications via touch tone phone.
4. the eye screening bill, AB 2185 by Martin Gallegos will be heard in health and human services on Wednesday, June 28 at 1:30, Martha Escutia, Chair.
Register your support of this important screen legislation by contacting her office at 916-916-327-8315
The bill establishes early new born eye screening for retinal blastoma, glaucoma and other disorders.
5. AB 609 (Wildman) pertaining to braille instruction, will be heard in Senate Appropriations on Monday, June 26th.
6. SB 929 (Polanco) pertaining to increased scope of practice for optometrists, will be heard in Assembly Health on Tuesday, June 27th (bill stilll not in print as this time)
7. AB 1795 (Dutra) CDE bill pertaining to special education, passed out of Senate Education, but no date for the next hearing is known. It still contains language that would mandate braille assessment for all visually impaired students (which contradicts AB 609). CDE promised to amend this language but didn't. Senate Appropriations and Dutra need to know this is not acceptable and that there will be opposition to the bill.
Connection Legislative Info 06/16/00
1. SB 1242 will be heard this tuesday, June 20 in the Consumer Protection Committee room 447 at 9 am.
CCB members are urged to attend this important hearing relating to proper tactile signage installations in all public buildings.
Another way to support this legislation is by contacting the chair of the committee assemblywoman susan davis telephone 916-319-2076.
2. ab 2757 the telephone reader bill will be heard on tuesday june 27th in room 112 before
the energy utilities and communications committee at 1:30.
This bill would create a statewide toll free telephonic reading asystem across the state where all blind and visually impaired people may read shopping ads, tv listings and other published media.
Contact the committee directly and let them know you support this bill- call 916-445-9764.
3. 2 separate rallies took place earlier this week in which ccb members participated.
Recent actions by governor gray davis who is seeking to repeal the a.d.a. over charging disabled people $6 for disabled parking placards has sparked much consternation by disabled people everywhere.
Many legislators are concerned by the governor's actions including:
assemblyman darrell Steinberg, Wes Chesbro and Liz Figerooa.
Both rallies had good turn outs and the point was definately made.
4. Pat Urena, executive staff for the Guide Dog Board is retiring and this position will be coming available. Any interested persons wishing to apply for the position contact Pat at 916-263-8956. She is known for the establishment of the now ever popular and well run "guide dog day" at the California State Capitol.
California Connection Legislative Information 6/9/00
1. RALLY TO SAVE THE ADA!
Disability rights advocates and persons with disabilities throughout California will hold a
rally on the state capitol to urge Governor Davis to withdraw his constitutional challenge to the
Americans with Disabilities Act (ADA). Please join us to save the ADA!
WHAT: Rally on the State Capitol.
WHERE: The North Side of the State Capitol, (facing L Street). Sacramento, CA.
WHEN: June 13, 2000, 11:30am-1:30pm.
WHY:
Governor Davis recently instructed lawyers to file a petition with the Supreme Court
of the United States challenging the constitutionality of the Americans with Disabilities Act.
The petition was filed in a case called Dare v. State of California, Department of Motor
Vehicles, which arose from the Departments policy of charging persons with disabilities an
additional $6 fee for disability parking placards. The federal court of appeals struck down
the fee as an unlawful surcharge on persons with disabilities. In its appeal to the Supreme
Court, California claims that the ADA is unconstitutional as applied to state governments
and their agencies.
If the Supreme Court declares the ADA unconstitutional as applied to the states, the
health and well being of many persons with disabilities will be in jeopardy. Among many
others, the following rights may be lost if the ADA is declared unconstitutional as applied
to the states:
The right to accessible public schools
The right to be free from discrimination in determining parental custody
The right to access to and reasonable accommodations at state medical facilities
The right to higher education programs like the CSU, UC and community
college systems
The federal right to equal employment opportunity with state employers
The right to access to California state parks, museums and libraries
The right to access to programs such as disability insurance, MediCal, and
vocational rehab
The right to accessible state agency offices, including local offices that provide
unemployment compensation and other subsistence benefits
COME JOIN US IN URGING GOVERNOR DAVIS TO SUPPORT THE ADA!
2. AB 609, the "NFBC" braille bill requiring braille assessment for functionally blind students by the iep team k through 12 and requiring accessible texts made available by publishers passed the policy hearing in the Senate and now moves straight to the floor unless there is late opposition which is doubtful. It will skip Senate Appropriations because of the fact that there is not much fiscal appropriations. The bill passed unamously.
3. Our tactile sign bill SB 1242 by Deborah Ortiz will be heard on June 20 at 9 am in room 447.
The Committee chair is Susan Davis in the Consumer Protection Committee.
Please register your support for this legislation by contacting these committee members:
Susan Davis, Chair 916-319-2076
Lynne Leach 916-319-2015
Dave Cox 916-319-2005
Dick Floyd 916-319-2055
Ted Lempert 916-319-2021
Mike Machado 916-319-2017
Keith Olberg 916-319-2034
Herb Wesson 916-319-2047
4. The "Joint Action Committee, J.A.C.", will have its Northern California meeting Saturday, June 17, 2000.
Dan will attend for the CCB. Many items are planned for discussion including the lack of a consultant here in California for the Blind and Visually Impaired in Special Education and a plan for providing "transition" services to high school aged kids.
The meeting will take place at the U.C. Berkeley School of Ophthomology. For further information, contact Dan at (916) 648-3936
5. Dan will also be addressing the Whittier Chapter of the California Council of the Blind on Saturday, June 24th. For further information on this meeting, contact Cathy Vasquez at 714-524-7439 for times and directions.
June 2, 2000
1. ab 609, the nfbc braille bill will finally be heard in the senate education committee on wednesday june 7th in room 4203 at 9:30 p.m.
dan mentioned in his legislative report at our convention a couple of weeks ago that the bill has been cleaned up and has much of the language in the Bill we wanted to see. The chair of this committee is Dede Alpert.
All of the bills we are currently supporting have gone on to the opposite house in the state legislature so as a result, many of these bills will not be heard until the middle of this month.
2. The 5 existing telephonic reading systems throughout California have been included in the Legislature's budget for re-funding.
3. The Blind Students of California have started an email listserv. Many nonstudents have joined this list to show and provide support for these youngsters.
By joining this group, you'll be able to easily send messages to
fellow group members using just one email address.
to join, send email to:
subscribe-ca_blindstudents@egroups.com.
Connection information for the week of May 12
1. Anyone interested in attending the Legislative Day at the State Capitol on Thursday morning of the convention, please contact Dan at 916-648-3936. We still have some room in the van.
2. A threat to the ADA here in California was averted as AB 2189 by Steve Baldwin was defeated 10 to 5 in the Assembly Judiciary Committee.
The Bill would have prohibited recovery of attorney's fees or other costs in ADA complaints here in California. It also would have prohibited a disabled person from taking legal action against a entity violating Title 24 or the ADA. Dan spoke against the Bill on behalf of the CCB.
3. Another piece of Legislation, AB 222 by Assemblywoman Kuehl seeks to compensate for several adverse US Supreme Court decisions weakening the ADA. We are still in the process of analyzing this measure.
4. The Director of the California Department of Rehabilitation, Dr. Catherine Campisi will have her confirmation hearing Monday May 22 at the State Capitol. Dan Kysor will be representing President Skivers along with CCB's 2nd vice president, Jeff Thom.
5. Talking ATM's have been installed in many Wells Fargo branches now and we need your feedback. These machines will work with standard "walkman" style headphones. For a complete list of available talking ATM locations, contact the CCB office during normal business hours or you may find the list on our website www.acb.org/ccb
May 5, 2000
1. The CCB Legislative Day will be held on May 18th during our upcoming convention in room 127 of the Capitol from 9:30 to 12 noon. We will first meet and go over legislative points of interest then meet our legislators and staff.
Please let Dan know if you will be attending and what format you would like your handouts in, either large print or braille.
Telephone 916-648-3936. Dan reports that several folks have already signed up.
2. Dan also would like you to know about a tape available from the CCB Office on an important Assembly special hearing on California's compliance to the federal "IDEA" featuring Judy Heumann, Assistant secretary of the U.S. office of special education and Alice Parker, Director of the California Special Education program.
Education Committee members will already be receiving a copy.
3. AB 1792 by Antonio Villaraigosa passed appropriations Wednesday and moves to the Senate. This bill will strengthen penalties against violators who illegally use disabled parking placards or who park in these spaces.
We will keep you informed on this bill's progress.
1.. A legislative day or to be more exact, a legislative morning is planned for thursday may 18th at 9:30 a.m. at the state capitol.
This will give you an opportunity to find out about issues important to the blind of california as well as a chance to meet with your legislator.
We will let you know as the time comes nearer what room at the capitol we will be meeting with. if you wish to meet with your legislator while you are in sacramento, please let dan kysor know either via telephone at 916-648-3936 or email dankysor@jps.net.
2. many of you will hear this after the fact but assemblywoman helen thomson spoke to the solano chapter about many items of interest to our members including a commission for the blind, our tactile sign bill and more.
President Skivers and Dan Kysor were also present.
3. Dan will be attending the Southbay CCB Chapter's afternoon meeting this Saturday from 11:30 to 4 pm. He will address many issues concerning the CCB beginning at 1:30 pm.
the meeting will be held at
the beach city health district
510 north prospect ave
cross street beryl
there will be lunch available. for further information, please contact cau dam chu at 310-533-4005
4. AB 2185 by assemblyman Martin Gallegos will be heard on tuesday april 25th. this bill requires new born babies have eye exams for early detection for such eye diseases as retinal blastoma and glaucoma. this bill has the support of parents, ophtalmologists and the medical establishment. the health policy committee meets in room 4202 of the capitol at 1:30 p.m. CCB is supporting this legislation.
6. on wednesday, april 26th, the assembly appropriations committee will take up ab 2757 by roderick wright. this bill places a one cent tax on phone bills to cover the cost of a state-wide toll free telephonic readingsystem. the hearing will take place at 9:30 am in room 4202.
7. the audit of the california department of rehabilitation is now available in braille, diskette or large print. this is very interesting reading. ask for audit report no. 99111 call
916-445-0255.
April 14, 2000
1. AB 1792 by Assemblyman Villaraigosa was heard on March 27 and Dan testified on behalf of the CCB. Assemblyman Villaraigosa personally asked for our support of this legislation. Dan spoke to the fact that many blind and visually impaired have multiple disabilities and even hidden disabilities. The bill passed out of committee unamously.
This bill would strengthen penalties against using disabled parking spaces/handicapped parking placards illegally.
2. the telephone reader bill, AB 2757 by roderick wright is moving on to appropriations in the assembly and will be heard on april 26th in room 4202 at 9:30 a.m.
this bill would create a state-wide telephone reader system linked by an 800 toll free number for the blind, visually impaired and print disabled.
3. the audit of the california department of rehabilitation is now available in braille, diskette or large print. this is very interesting reading. ask for audit report no. 99111 call
916-445-0255.
(Note- you may find this audit on the blind alliance page)
4. A bill coming before the assembly health committee, AB 2185 by assembly gallegos requires new born infants to receive a critical eye examination to prevent retinal blastoma and other forms of blindness. this is a very good piece of legislation and it will save lives.
March 17, 2000
1. The California Workforce Investment board met in full session and Dan Kysor was in attendance for CCB. He spoke to the board about the need to provide access to the blind and visually impaired at future one-stop employment centers. He also discussed the need to put materials eminating from the board in accessible formats including their website.
Catherine Campisi discussed rehabilitation's partnership with the plan. An updated report on the workforce investment act here in california, rehab's role and how the blind in general will fair in all of this will be discussed in dan's legislative report soon to be sent to chapter and affiliate presidents.
2. A demonstration of talking voteing machines was given on March 16. Many CCB members were present. Two talking machines were demonstrated, the "Unilac" and the E.S.S. systems and the attendees were asked afterwards to evaluate which system worked the best.
3. dan kysor is looking for a room mate to share lodging expenses at the upcoming csun conference. please contact him at 916-648-2147
March 10, 2000
1. Dan Kysor will be attending the latest "California Workforce Investment Board meeting on
March 15th in Sacramento.
Dr. Campisi, State Rehab Director plans to present her employment plan to the board. Kysor
will speak to the issue of accessibility for the blind and disabled as a must component for any
plans which are developed by this board.
CALIFORNIA WORKFORCE INVESTMENT BOARD
2. A demonstration of talking voteing machines will be given on March 16 from 10 a.m. to 2
p.m. at 1500 11th. street in sacramento in the multipurpose room just to the left inside the main
enterance. There will be manufacturers and state voting officials present
3. last weekend, dan kysor spoke at the ccb silvergate chapter and there were many people in
attendance as he discussed the continuing push blind alliance for rehab change. They were also
given a tour of the new san diego community center for the blind which is almost completed.
kysor tells us that the center is very modern, is wired to the internet and has a state of the art
low vision clinic and a large computer training facility.
4. Tuesday's open primary results for the assembly and senate races were recently compiled and
placed on the ccb web site www.acb.org/ccb
5. finally, the 2000 legislative session will gear up in a couple of weeks. we have our own tactile
sign legislation, sb 1242 plus we are following several bills which we will report on as the
hearings get closer.
March 3, 2000
REVISED MEETING NOTICE
TO: CALIFORNIA WORKFORCE INVESTMENT BOARD
MEMBERS AND OTHER INTERESTED PARTIES
FROM: LARRY GOTLIEB, CHAIR
CALIFORNIA WORKFORCE INVESTMENT BOARD
SUBJECT: CALIFORNIA WORKFORCE INVESTMENT
BOARD MEETING AGENDA
Wednesday, March 15, 2000
9:00 a.m.
Welcome and Opening Remarks
Larry Gotlieb, Chair
9:15 a.m.
1.ACTION ITEM
Approval of January 27-28, 2000, State Board Meeting Minutes
Larry Gotlieb, Chair
9:30 a.m.
2.DISCUSSION ITEM
Proposed State Board By-Laws
Larry Gotlieb, Chair
Secretary Johnson, Chair, Operations Committee
9:45 a.m.
3.DISCUSSION ITEM
Call for Public Comment on Discussion Item Two
Larry Gotlieb, Chair
10:00 a.m.
4.ACTION ITEM
Call for Vote on Discussion Item Two
Larry Gotlieb, Chair
10:15 a.m.
5.DISCUSSION ITEM
Review of Public and Board Member Comments received
on the final
draft of the strategic Five-Year State Workforce Investment Plan for Title I of the Workforce
Investment Act and the Wagner-Peyser Act (State Plan) and suggested amendments to:
Section I Plan Development Process
Section II State Vision and Goals
Section III Assessment of California's Economic Environment
Section IV Strategies for Improvement
Section V Performance Management
Other comments regarding State Plan, e.g., Executive Summary, Attachments, etc.
Larry Gotlieb, Chair
12:00 p.m.
Lunch
1:30 p.m.
6.DISCUSSION ITEM
Call for Public Comment on Discussion Item Five
Larry Gotlieb, Chair
2:30 p.m.
7.ACTION ITEM
Call for vote on Discussion Item Five: To accept any amendments to
Section I, II, III, IV, V and forward the revised State Plan to the Governor's Office.
Larry Gotlieb, Chair
3:00 p.m.
8.DISCUSSION ITEM
Hold Harmless and Summer Youth Funding
Larry Gotlieb, Chair
3:15 p.m.
9.INFORMATION ITEM
California Department of Rehabilitation
Vocational Rehabilitation State Plan
Catherine Campisi, Director
California Department of Rehabilitation
3:30 p.m.
10.DISCUSSION ITEM
Carl D. Perkins Vocational and Technical
Education Act of 1998
California Department of Education Representative
3:45 p.m.
11.DISCUSSION ITEM
Call for Public Comment on Discussion Item 10
4:00 p.m.
12.ACTION ITEM
Call for Vote on Discussion Item 10
4:15 p.m.
Closing Remarks and Adjourn
Larry Gotlieb, Chair
PUBLIC COMMENT
Persons wishing to make public comment are requested to sign up from 8:30
a.m. to 9:00 a.m. at the guest reception table located in Exhibit Hall E. Public comment will be
limited to three minutes per speaker.
SPECIAL ACCOMMODATIONS Individuals who require special accommodation
for disabilities are requested to contact staff at (916) 654-9995 at least five days prior to the
meeting.
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March 3, 2000
1. The Bureau of State Audits has completed an audit on the California Department of
Vocational Rehabilitation, C.D.R. and it is now available in accessible formats. To obtain a
copy, telephone 916-445-0255 and ask for audit report number 99111.
2. Dan Kysor will be attending the Silver Gate Chapter of the California Council of the Blind in
San Diego on March 4th. All blind and visually impaired in the area are incouraged to attend the
meeting. Dan will discuss legislative and other CCB matters.
3. Dan Kysor and Jeff Thom both attended a meeting with Assistant Secretary of Education,
Judy Heumann where she discussed california's noncompliance with the i d e a.
dan urged ms. heumann to use her office as a bully pulpet and write givernor gray davis on the
diplorable state of special education in this state.
dis
4. Dan also attended a special hearing on California's compliance with the individuals with
disabilities education act, i.d.e.a. and several people including secretary heumann discussed the
plan of corrective action that the federal government and the state of california has agreed to.
the problem is that officials in the california special education office seem to have a different
understanding of the corrective action plan. California is so out of compliance in the areas of
general supervision, management procedures and teachers actually not filling out individual
education plans for the majority of students that the federal government is claiming california is
the worst state when it comes to noncompliance to the idea.
Many testified that special ed needs to re-instate the consultant not only for the visually impaired
but for the deaf and orthapedically handicapped. we will report on this in greater detail at the
upcoming convention and on the connection as california struggles to deal with providing equal
educational oppertunities for all.
6. the earnings limit legislation, HR 5 passed the house and moves on to the u.s. senate.
However, represenative nussel attempted to bring up the blind linkage amendment and he was
ruled out of order. a hearing on this issue is scheduled in the house the end of april.
7. Legislation to charge a 1 cent tax on phone bills to provide for a state-wide 800 number for
for a newspaper and periodicals reading system is a utilities committee assembly bill, ab 2757
8. AB 422, the college textbook legislation which was signed by the governor and would require
publishers to make available at no cost to these colleges accessible textbooks is going through
the implementation stage and various areas in california are report problems with compliance.
We will be obtaining the various college and u.c. plans on distributing these accessible texts. the
community college chanselors office reports that they are getting ready to publish their
guidelines to all of their colleges. students are urged to contact their chanselor's office to find
out what your particular guidelines are.
February 25, 2000
1. Taxi Alert! Members are reporting that drivers are pretending to be taxi drivers and this is a
very serious situation. A reminder when leaving a public transport area, have a security guard or
if there members of the public around, ask them if that is in fact a taxi.
2. Chapters and affiliates are reminded to please turn your chapter/affiliate dues in to the CCB
office. Many members are not receiving their publications because forms are not being turned
into the office.
3. CCB will be attending a meeting with Judy Heumann, Assistant Secretary of the U.S.
Department of Education as she discusses California's compliance with the Individual with
Disability Education Act, I.D.E.A. Jeff Thom and Dan Kysor will be attending. There will also
be a legislative hearing on the subject on Wednesday, March 1 at 1:30 in room 4202 at the state
capitol.
Secretary Heumann's presentation will be on February 29th in Sacramento.
4. Last reminder to get your blind california articles to winifred before the march 1 deadline.
February 22, 2000
1. Important Announcement on Commission for the Blind by Catherine Skivers, President
Date: February 22, 2000
To: The entire BARC Committee
Subject: Commission Bill
Hello All:
I have just received the bad news from Bob Perez that Ellen Corbett will not be carrying the
Commission Bill. She is certain that the Governor's office would veto any Bill. The position of
the Governor's office is that the new Director must be given the opportunity to improve
conditions for us.
Bob Perez would like to have a list of issues we feel need immediate improvement by the
Director. Ellen Corbett will write a letter to the Director listing the items of BARC's
I would appreciate receiving from each of you a list of things that should appear in such a letter.
Gil Johnson is out of town but I think that the Steering Committee should meet in a
teleconference as soon as possible. I believe that now we need to present a list of our concerns
and bring pressure to bear on the Department to make immediate and substantive changes. I am
sure you all share my disappointment. I told Perez that we had meetings with the Governor's
person, Tal Finny, before and after his election. I pointed out that at that time we were given a
far different picture than we are receiving now.
I asked if it would be possible to at least have hearings on the Commission. For right now all
they are willing to do is to write a letter to the Director. Perhaps later on some hearings could
be held but that is not definite nor, for that matter, encouraging. I am looking forward to hearing
from you with your ideas as to how we should set our priorities for the improvements we want
to have made.
Sincerely,
Catherine Skivers
President
CS:
2. Scholarships are now available to California students. To obtain more information on these
scholarships, contact the CCB office at either the toll free 800-221-6359 monday through friday
10:00 a.m. to 4:00 p.m. or 510-537-7877. Deadline is March 1, 2000
3. Attention all chapters and affiliate presidents and members:
many members are not receiving the blind californian or the braille forum so chapters and
affiliates must fill out the yearly chapter/affiliate information sheet and turn it in in a timely
manner to the ccb headquarters in hayward. contact them at 510-537-7877.
4. DISABILITY RIGHTS EDUCATION AND DEFENSE FUND (DREDF)
>>ALERT! ALERT! ALERT!
>>Access Board (ATBCB) Proposes Complete Revision of
>ADA Accessibility Guidelines (ADAAG)
>>Despite Many Improvements, SIGNIFICANT PROBLEMS REMAIN --
>YOUR COMMENTS URGENTLY NEEDED To Ensure A Strong ADAAG
>>COMMENTS DUE MARCH 15, 2000
>>If You Can't Send In Comments, Please Pass This Along
>to Someone Who Can !!!
>> Your letters are urgently needed by MARCH 15, 2000 on the
>proposed revision of the Americans with Disabilities Act
>Accessibility Guidelines (ADAAG). Critical issues are at stake: How
>extensively must employee work areas provide access to people with
>disabilities? Must small theaters provide dispersed seating for
>wheelchair users (rather than all in one spot)? How can the problems
>of stadium-style theaters be overcome? How high should accessible
>elements be allowed to be placed? How large should elevators be?
>> Just as important, the proposed Guidelines make many
>improvements over the current ADAAG, but these improvements are sure
>to be attacked by the business community. Your letters must express
>the disability community's need for the increased numbers of TTY's,
>automatic teller machines (ATM's) which are more accessible to people
>with visual impairments, requirements for accessible lines of sight
>and other improvements in assembly areas, accessible windows and
>laundry facilities, several improvements in access to restrooms, and
>other such features. Without our support, these improvements will not
>appear in the final ADAAG.
>> Attached are preliminary comments from the Disability Rights
>Education and Defense Fund (DREDF) to help you write your letters.
>DON'T send in the DREDF comments themselves. Instead, write a letter
>in your own words. Borrow ideas and arguments from the DREDF comments
>as much as you wish. MENTION SPECIFIC ACCESS PROBLEMS YOU ARE AWARE
>OF IN YOUR COMMUNITY, ESPECIALLY IF THEY ARE EXAMPLES OF
IMPORTANT
>ISSUES IN THE PROPOSAL (E.G. ACCESS OBSTACLES IN RELATIVELY NEW
>BUILDINGS SUCH AS INACCESSIBLE EMPLOYEE WORK AREAS, "ACCESSIBLE"
>ELEMENTS WHICH ARE STILL OUT OF REACH, OR PROBLEMS WITH THEATER
OR
>STADIUM SEATING SUCH AS FEW ACCESSIBLE SEATING OPTIONS OR
>UNCOMFORTABLE LINES OF SIGHT).
>> Comments can be submitted by mail, FAX, or e-mail. The
>mailing address is:
>>6Office of Technical and Information Services
>Architectural and Transportation Barriers Compliance Board (ATBCB)
>1331 F Street NW., Suite 1000
>Washington D.C. 20004-1111
>> The FAX number is (202) 272-5447. FAXed comments should be addressed
to the
>Office of Technical and Information Services. The e-mail address for comments
>is <docket@access-board.gov>. Comments sent by e-mail will be considered only
>if they include the full name and address of the sender in the text.
>>HOW TO GET COPIES OF THE ACCESS BOARD'S PROPOSAL:
>>The proposal is available electronically on the Board's Internet site
>in HTML and PDF formats (http://www.access-board.gov/ada-aba/guidenprm.htm).
>A hard copy can be obtained by calling the Access Board at (202) 272-5434 and
>pressing zero or holding for the operator/receptionist. Persons who
>want a copy in an alternate format (cassette tape, Braille, large
>print, or Ascii disk) may order one copy at no cost by calling the
>Board's automated publications order line at (202) 272-5434, pressing
>2 on the telephone keypad, then 1, and requesting publication S - 36
>(ADA and ABA Accessibility Guidelines Notice of Proposed Rulemaking).
>Persons using a TTY should call (202) 272-5449. Please record a name,
>address, and telephone number, request publication S - 36, and
>specify the type of format.
>>HOW TO GET AN ELECTRONIC COPY OF DREDF'S PRELIMINARY COMMENTS:
>>Go to the DREDF web site at http://www.dredf.org, under Alerts.
>>OTHER NOTES:
>>The Access Board, also known as the Architectural and Transportation
>Barriers Compliance Board (ATBCB), is proposing to revise not only
>the ADA Accessibility Guidelines but also guidelines for the
>Architectural Barriers Act (the ABA) of 1968 which requires
>facilities designed, built, altered, or leased with federal funds to
>be accessible to people with disabilities. The proposal has four
>parts:
>>1. A Preamble which explains the provisions,
>2. Scoping provisions for the ADA Accessibility Guidelines (Chapters 1 and
>3. Scoping provisions for the ABA (Chapters 1 and 2, but with an "F" for
> "federal" before the number of each section), and
>>4. Technical provisions which apply to both the ADA and ABA (Chapters 3
> through 11).
>>============================================================
>============================================================
>>>Disability Rights Education and Defense Fund (DREDF)
>>>***IMPORTANT NOTE TO DISABILITY ADVOCATES: Do *NOT* SEND IN THE
DREDF
>PRELIMINARY COMMENTS THEMSELVES.*** Instead:
>>Write a letter in your own words. Borrow ideas and arguments from the
>DREDF comments as much as you wish. MENTION SPECIFIC ACCESS PROBLEMS
>IN YOUR COMMUNITY, ESPECIALLY IF THEY ARE EXAMPLES OF IMPORTANT
>ISSUES IN THE PROPOSAL (E.G. ACCESS OBSTACLES IN RELATIVELY NEW
>BUILDINGS SUCH AS INACCESSIBLE EMPLOYEE WORK AREAS, "ACCESSIBLE"
>ELEMENTS WHICH ARE STILL OUT OF REACH, OR PROBLEMS WITH THEATER
OR
>STADIUM SEATING SUCH AS FEW ACCESSIBLE SEATING OPTIONS OR
>UNCOMFORTABLE LINES OF SIGHT).
>>>Preliminary Comments on the Access Board's Notice of Proposed
>Rulemaking, Americans with Disabilities Act Accessibility Guidelines
>(ADAAG) and Architectural Barriers Act Accessibility Guidelines,
>Docket No. 99 - 1, published in the Federal Register on November 16,
>1999
>>************** NOTE: THE LIST BELOW CONTAINS ONLY THE MOST
>IMPORTANT POINTS. DREDF'S ENTIRE PRELIMINARY COMMENTS ARE BEING
>SENT IN A SUBSEQUENT EMAIL MESSAGE. IF IT IS TOO LONG FOR YOU TO
>RECEIVE, YOU CAN FIND DREDF'S ENTIRE PRELIMINARY COMMENTS
>ON DREDF'S WEBSITE AT http://www.dredf.org, UNDER ALERTS.
>**************
>>*** 106.5 (and F 106.5) Primary Function Areas
>>When alterations that affect usability are made in primary function
>areas of buildings, the ADA requires an accessible path of travel to
>the altered area. A definition of primary function area must be
>added. It needs to be clarified that "primary" does not necessarily
>mean "one and one only." For example, many buildings are multi-use:
>government buildings, malls, entertainment complexes, etc. Also,
>buildings like banks and department stores may have multiple primary
>function areas (the customer areas, the private staffing areas, etc.).
>>*** 202.4 (and F 202.4) Primary Function Areas
>>In a multi-use building, this section and the Advisory make it too
>easy for a designer to claim a particular use is not a "primary
>function." The advisory material should point out that a building
>might have several primary function areas, which can include
>employee-only areas.
>>*** 203.3 Employee Work Areas
>>Current ADAAG has a big loophole for employee work areas, a loophole
>that also appears in the proposed revision. Even in new construction,
>an exception for employee work areas requires only that people with
>disabilities "approach, enter, and exit."
>>The fact that the ADA requires employers to make reasonable
>accommodations to employees with disabilities is not an adequate
>justification for this ADAAG exception. Very rarely will an employer
>provide extensive remodeling for a disabled employee. Even simple
>adjustments to work stations by employers are difficult to come by,
>regardless of the employment requirements of the ADA. And even when
>an accommodation to one's own area is provided, a disabled workers'
>inability to enter other parts of the work facility deny social
>integration and opportunities for promotion - people with
>disabilities should be able to circulate freely. It is the job of the
>ADAAG to provide access to the built environment, workplaces included.
>>There are two significant problems with this ADAAG provision. First,
>the language has been routinely misinterpreted. The Access Board
>never intended less than full access to elements like break rooms,
>lounges, locker rooms, vending areas, corridors, toilet rooms,
>kitchenettes, cafeterias, and auditoriums in work facilities. Only
>the specific areas where employees' actual work is performed are to
>receive the exception, in the view of the Access Board. However,
>almost a decade's worth of workplaces has been built with massive
>violations in these work-related spaces.
>>The proposal's Preamble attempts to clarify the intent of this
>language in ADAAG. These clarification are a good first step, and at
>a minimum, they should be included in the final rule by listing all
>the workspace-related elements not considered to be employee work
>areas (such as corridors, toilet rooms, etc.).
>>But the Board must go further. Because the second problem with this
>provision is that, even if interpreted correctly, it fails to require
>accessible pathways throughout thousands of work areas where it would
>cost little or nothing.
>>The ADA's legislative history reflects the intent of Congress that
>the ADA should require access through the work area, though not to
>work stations. (See Footnote 1 below.) The Board's advisory body (the
>ADAAG Review Advisory Committee) made an excellent proposal to revise
>ADAAG in a way that is completely consistent with this concept in the
>ADA's legislative history. The Committee proposed that, while work
>stations themselves aren't required to be accessible (a significant
>concession to employers), each work station must be located on an
>accessible route. The Advisory Committee, which included many
>representatives from code enforcement organizations, reasoned that
>current ADAAG only gets a person with a disability to the door of a
>million square foot work area such as the factory floor of a new auto
>manufacturing plant. But it would be reasonable to require an
>accessible route throughout that space up to each work station,
>because such pathways are already required by building codes for
>exiting purposes in case of emergency. Workers in a factory setting,
>like in any work setting, work at assigned work stations, and
>building codes require an egress path from each work station to the
>exterior of the building. These egress pathways are fundamentally
>equivalent to an accessible route in ADAAG. So it should not be a
>hardship to require all work stations to be located on an accessible
>route.
>>In light of this approach, many employee areas that have been built
>without access could have work stations on an accessible route.
>Examples include the parts area of an auto dealership, the stock
>rooms in a department store, and the book storage areas of an
>elementary or high school library. Similarly, in the "high tech"
>industry, huge spaces require secured access and are thus "employee
>only," even when all that's back there are thousands of feet of
>office space. Many high tech production areas are also less
>accessible than they could be. Innumerable jobs for which people with
>disabilities would be qualified require workers to circulate through
>such spaces. Yet these locations, and many others, have been built
>with inaccessible work areas, providing significant obstacles to
>people with disabilities.
>>The ADAAG Review Committee recommendation, along with the Board's
>clarifications, would solve the problems with the current language.
>The Preamble states the Board is considering adopting the ADAAG
>Review Committee recommendation; the Board should do so. Work
>stations must be required to be located on an accessible route.
>>FOOTNOTE 1: Reports from Committees of the House of Representatives
>show that the intent of Congress was to provide access through the
>work area, though not to require fully accessible work stations. For
>example, the Committee on Education and Labor wrote "...(t)he
>standard of 'readily accessible to and usable by' applies not only to
>areas that will be used by patrons, but also to areas that may be
>used by disabled employees...Thus, access into and out of the rooms
>is required. In addition, there must be an accessible path of travel
>in and around the employment area...The standard does not require,
>however, that individual workstations be constructed accessible or be
>outfitted with fixtures that make it accessible to a person with a
>disability." House of Representatives, 101st Congress, Committee on
>Education and Labor, Report 101-485 Part 2, p. 119. Similar language
>is found in Report 101-485 Part 3, Committee on the Judiciary, p. 63.
>>*** 221.3 (and F 221.3) Readily Removable Companion Seats
>>The proposal requires "readily removable" companion seats in assembly
>areas rather than "fixed" companion seats (as is currently required)
>in order to allow groups of people with disabilities to sit together
>in various combinations. This is an important goal, and this feature
>should definitely be maintained in the final rule.
>>However, it poses the problem that companion seating would almost
>always be in a folding chair, rather than seating which is equivalent
>in quality, comfort, and usability to other fixed seating in the
>theater, hall, or stadium. (This problem is addressed in Question 11
>which asks what specific characteristics should the readily removable
>seat have when compared to other seats?) The way to attain both goals
>would be to require "fixed, readily removable" companion seating,
>because a seat that is fixed (but removable) will be of comparable
>quality to other seats in the immediate vicinity. The Board should
>also specify characteristics the companion seats must meet in terms
>of comfort and usability in comparison to the seats in their
>immediate vicinity. Also, companion seats must be individually
>removable - it should be made clear that removing a seat may not
>require removing other seats, as some stadiums have done by
>constructing platforms of seats which are attached to each other and
>which must all be removed to make wheelchair spaces available.
>>*** 221.4.2 (and F 221.4.2) Designated Aisle Seats - Location
>>One aisle seat per hundred seats is required to have armrests that
>can be moved for transfer, but only 25% of these are required to be
>on accessible routes! They should all be located on accessible
>routes, because their primary purpose is to facilitate transfer. The
>others are required to be located not more than two rows from an
>accessible route serving such seats. But this would mean transferring
>up two to four steps! While some people making use of these seats due
>to mobility impairments will be able to walk to the seats, the major
>reason for accessible aisle seats is to facilitate transfers by
>wheelchair users who are able to transfer and prefer not to remain in
>their wheelchairs.
>>*** 223.2, 223.3, and 223.4 (and F 223.2, 223.3, and 223.4)
>Hospitals, Rehabilitation Facilities, and Long Term Care Facilities
>>These scoping requirements are important and should be maintained in
>the final rule. They require 10% of the rooms to be accessible in
>hospitals, 100% in rehabilitation facilities specializing in
>conditions that affect mobility, and 50% in specified long term care
>facilities.
>>*** 230 (and F 230) Windows
>>At least one glazed (glass) opening in accessible spaces for
>operation by occupants is required to be accessible. This is a good
>requirement which should be preserved in the final rule.
>>*** 308.3 Reach Ranges: Side Reach
>>Current ADAAG allows accessible elements to be at a height of 54
>inches where the element is positioned so that a wheelchair user can
>reach it from the side. However, 54 inches is too high, and has long
>posed a problem for wheelchair users as well as people with many
>other disabilities including reach, mobility, manual dexterity,
>height, and grasping impairments that affect their ability to reach
>to and operate a control at 54 inches. The problems occur at ATM's
>and at many other elements in the built environment. The ADAAG Review
>Advisory Committee, upon whose report this proposal is based,
>recommended the side reach be reduced to 48 inches, the same height
>as for forward reach. This change was initiated by a proposal from
>Little People of America to the ANSI Committee, and DREDF supported
>it on both the ANSI Committee and the ADAAG Review Advisory
>Committee. For some reason, the Access Board has chosen to ignore the
>recommended reduction in reach range, but DREDF strongly recommends
>that 54 inches be changed to 48 inches in the final rule.
>>*** 404.2.5 Thresholds
>>The exception allows thresholds at doorways to be 3/4 inch high if
>beveled. This exception should be removed. Thresholds should not be
>higher than 1/2 inch.
>>*** 407.4 (and 206.6) New Limited-Use/Limited-Application (L-U/L-A)
>Elevators
>>This section proposes a new kind of very small elevator that is
>allowed in new construction of most public accommodations and
>commercial facilities not required by the ADA to have elevators
>because they are less than three stories or less than 3,000 square
>feet per story. The concept behind these new "LULA" elevators is that
>public accommodations and commercial facilities not required to have
>elevators may be willing to install a LULA if it is allowed, because
>LULA's are smaller than standard elevators. However, these elevators
>are too small (42 inches by 54 inches, and in existing facilities, 36
>inches by 54 inches) and should not be allowed in new construction.
>Most two-story public accommodations and commercial facilities will
>provide a standard elevator for the convenience of patrons anyway,
>and allowing LULA's invites these facilities to install elevators
>which compromise too much on access.
>>*** 502.3.4 Suggested new section: Location of Access Aisles
>Serving Van Spaces
>>Add a new section: "If only one van parking space is provided, it
>must be located with the 96 inch wide access aisle on the right
>(passenger side) of the van parking space."
>>*** 602 Drinking Fountains
>>Question 24 points out that a forward approach, which is currently
>only required for cantilevered water fountains (those which extend
>out over an empty space), provides more access than a side approach.
>The question asks if a forward approach (which includes knee and toe
>clearance below the unit) should be required at all drinking
>fountains. The answer is definitely yes. It is much, much easier and
>works much better for wheelchair users to drink at a fountain from a
>forward approach which has knee and toe clearance than from a side
>approach.
>>*** 607.6 and 608.6 Shower Spray Unit and Water
>>These sections require the shower spray unit to have a water-on and
>water-off control. This is a good addition to the ADAAG that should
>be maintained in the final rule.
>>*** 802.5 Approach to Wheelchair Spaces in Assembly Areas
>>Instead of requiring each wheelchair space in an assembly area to
>adjoin an accessible route, this section allows the space to adjoin
>another wheelchair space. In other words, the route to a wheelchair
>space is allowed to pass through an adjoining space! Access to any
>wheelchair space should not be allowed through even one adjoining
>wheelchair space. Otherwise, a wheelchair user must completely
>maneuver out of the way, and often there is not enough room to do so.
>If a companion is in the space, the companion must get up and remove
>his/her seat each time someone wishes to come and go. Each space must
>adjoin an accessible route on at least one side.
>>*** 802.6 Dispersion of Accessible Seating
>>This section, like current ADAAG, requires the dispersion of
>accessible seating when the number of seats in an assembly area
>exceeds 300. That number should be much lower. This has caused
>considerable problems. It significantly contributes to the access
>barriers wheelchair users have encountered in thousands of new movie
>theaters, especially (but not only) in stadium-style theaters, where
>wheelchair seating offers one option, the very back or the very
>front, both of which are undesirable for many people. Dispersion
>should occur when the number of seats exceeds 150.
>>*** 802.6.2 and 802.6.3 Horizontal and Vertical Dispersion
>>These requirements are good and must be maintained in the final rule.
>They will help provide options for seating, both at varying viewing
>distances from the performance area or playing field (vertical
>dispersion), and at a variety of locations across horizontal rows of
>seats rather than just at the ends of rows (horizontal dispersion).
>This has been often lacking in assembly facilities.
>>*** 802.8 Designated Aisle Seats
>>These should have folding armrests only - not removable or
>no-armrest. Persons with upper body disabilities often rely on the
>armrest for stability. This is a significant safety issue.
>>*** 802.9 Lines of Sight
>>Text and figures in the proposal go much further than current ADAAG
>to show that people with disabilities in theaters, stadiums, etc.
>must have clear lines of sight to the performance area or playing
>field above the heads of other patrons, whether the other patrons
>will stay seated or can be expected to stand. This is important, and
>should be maintained in the final rule. However, it doesn't go far
>enough. It requires people with disabilities' lines of sight to be
>"comparable to that provided to spectators in the seating area in
>closest proximity to the location of the wheelchair spaces, but not
>in the same row." This rule would still allow the wheelchair spaces
>to be among the worst seats at each price level, because their line
>of sight must be comparable only to nearby seats, not to
>average-quality seats.
>>A better solution is described in the proposal's Preamble in
>Questions 43 and 44. These questions say the Board is considering
>adopting language requiring that "spectators seated in wheelchair
>spaces have lines of sight that are equivalent to or better than the
>lines of sight provided to the majority of spectators seated in the
>same class or category of seats." This language should be adopted for
>two reasons. One, lines of sight "equivalent to or better than ...
>the majority" will ensure wheelchair spaces offer seats equivalent in
>quality to an average seat, or better. Two, requiring that lines of
>sight be "equivalent to or better than" is clearer language than
>"comparable to."
>>*** 803.2 Wheelchair Turning Space in Dressing, Fitting, and Locker Rooms
>>Remove the exception. It would allow a fitting room to be only 4
>feet wide, and require a wheelchair user to have their feet stick out
>into an aisle or another person's cubicle to make a turn.
>>*** 804.4 Sinks
>>This section requires sinks in kitchens and kitchenettes in offices,
>hotel rooms, etc. to provide a forward approach. This is a good
>requirement that should be maintained in the final rule.
>>*** 806 Transient Lodging Guest Rooms
>>Several new requirements in this section are excellent and should be
>maintained, including clear floor space on each side of beds and
>turning space into which beds cannot overlap. Also it is good that
>this proposal eliminates the exception for exterior spaces such as
>balconies to have a change in level to protect from wind/water
>damage, which is unnecessary.
>>*** 806.2.4.1 Vanity Tops
>>This section proposes to rectify a significant problem caused by the
>current ADAAG in hotel room bathrooms. Many hotels have provided no
>counter space in the accessible rooms' bathrooms in order to meet
>wheelchair access requirements, even in luxury hotels where
>non-accessible rooms' bathrooms have a long counter. This is a good
>change. However, the proposed amount of counter space is very
>minimal: 2 square feet. The accessible bathroom should have as much
>counter space as the non-accessible bathrooms! If some minimum amount
>must be specified, it should be 2 linear feet of counter.
>>>--
>Fred Fay
>Chair, Justice For All
TO: ACB Affiliates, Membership & Legislative Contacts FROM: Krista
Dubroff, Legislative Assistant
DATE: February 18, 2000
RE: H.R. 5
ACB is officially focusing all Social Security linkage efforts on House Bill
H.R. 5. The bill was reported out the Subcommittee to the House Ways and
Means full Committee on Wednesday. This bill will eliminate the earnings
test for senior citizens reaching retirement age. ACB is urging Congress to
remove the exclusion of blind people that is in the current legislation.
Removing the exclusion for people who are blind, would eliminate the
earnings test for the blind, along with the earnings test for senior
citizens.
Action:
Contact members of the House of Representative's Ways and Means Committee.
Urge them amend H.R. 5 by removing the exclusion for blind people.
If you are a constituent of any congressman listed below, please contact
their office. It is best to contact congresspersons by fax until February
29th (that's when they return from recess).
Please help in the battle to reduce the unemployment rate for blind people
and promote policy that will encourage blind Americans to become productive,
contributing members of our society.
*Note: The Representatives on the House Ways in Means Committee who have
expressed support of linkage by co-sponsoring H.R.1601, maybe particularly
inclined to support an amendment of this nature. The 12 committee members
who currently cosponsor linkage in H.R. 1601 are:
Rep. Jennifer Dunn (R-WA): 8th District. Phone #: 202-225-7761. Fax #:
202-225-8673
Rep. Wes Watkin (R-OK): 3rd District. Phone #: 202-225-4565. Fax #:
202-225-5966.
Rep Ron Lewis (R-KY): 2nd District. Phone #: 202-225-3501. Fax #: N/A.
Rep.Charles Rangel (D-NY), Ranking Minority Member: 15th District. Phone #:
202-225-4365. Fax #: 202-225-0861.
Rep. Robert Matsui (D-CA) 5th District. Phone #: 202-225-7163. Fax #:
202-225-0566.
Rep. William Coyne (D-PA) 14th District. Phone #: 202-225-2301. Fax #:
202-225-1844
Rep. Benjamin Cardin (D-MD) 3rd District. Phone #: 202-225-4016. Fax #:
202-225-9219
Rep. Richard Neal (D-MA) 2nd District. Phone #: 202-225-5601. Fax #:
202-225-8112
Rep. Michael McNulty (D-NY) 21st District. Phone #: 202-225-5076. Fax #:
202-225-5077
Rep. William Jefferson (D-LA) 2nd District. Phone #: 202-225-6636. Fax #:
N/A
Rep. Xavier Becerra (D-CA) 30th District. Phone #: 202-225-6235. Fax #:
202-225- 2202
Rep. Karen Thurman (D-FL) 5th District. Phone #: 202-225-1002. Fax #:
202-225-0329.
*****************
The other Members of the House Ways and Means Committee are:
Rep. Bill Archer (R-TX), Chairman. 7th District. Phone #: 202-225-2571. Fax
#: 202-225-4381.
Rep. Philip Crane (R-IL) 8th District. Phone #: 202-225-3711. Fax #:
202-225-7830.
Rep. William Thomas (R-CA) 21st District. Phone #: 202-225-2915. Fax #:
202-225-8798.
Rep. E. Clay Shaw (R-FL) 22nd District. Phone #: 202-225-3026. Fax #:
202-225-8398.
Rep. Nancy Johnson (R-CT) 6th District. Phone #: 202-225-4476. Fax #:
202-225-4488
Rep. Amo Houghton (R-NY) 31st District. Phone #: 202-225-3161. Fax #:
202-225-5574.
Rep. Wally Herger (R-CA) 2nd District. Phone #: 202-225-3076. Fax #:
202-225-1740.
Rep. Jim McCrery (R-LA) 4th District. Phone #: 202-225-2777. Fax #:
202-225-8039.
Rep. Dave Camp (R-MI) 4th District. Phone #: 202-225-3561. Fax #:
202-225-9679.
Rep. Jim Ramstad (R-MN) 3rd District. Phone #: 202-225-2871. Fax #:
202-225-6351.
Rep. Jim Nussle (R-IA) 2nd District. Phone #: 202-225-2911. Fax #:
202-225-9129.
Rep. Sam Johnson (R-TX) 3rd District. Phone #: 202-225-4201. Fax #:
202-225-1485.
Rep. Mac Collins (R-GA) 3rd District. Phone #: 202-225-5901. Fax #: 202-225-
Rep. Rob Portman (R-OH) 2nd District. Phone #: 202-225-3164. Fax #: N/A.
Rep. Phil English (R-PA) 21st District. Phone #: 202-225-5406. Fax #:
202-225-3103.
Rep. J.D. Hayworth (R-AZ) 6th District. Phone #: 202-225-2190. Fax #:
202-225-3263.
Rep. Jerry Weller (R-IL) 11th District. Phone #: 202-225-3635. Fax #:
202-225-3521.
Rep. Kenny Hulshof (R-MO) 9th District. Phone #: 202-225-2956. Fax #:
202-225-5721.
Rep. Scott McInnis (R-CO) 3rd District. Phone #: 202-225-225-4761. Fax #:
202-225-0622.
Rep. Mark Foley (R-FL)_16th District. Phone #: 202-225-5792. Fax #:
202-225-3132.
Rep. Llyod Doggett (D-TX) 10th District. Phone #: 202-225-4865. Fax #:
202-225-3073.
Rep. Sander Levin (D-MI) 12th District. Phone #: 202-225-4961. Fax #: N/A.
Jerry Kleczka (D-WI) 4th District. Phone #: 202-225-4572. Fax #:
202-225-8135.
John Lewis (D-GA) 5th District. Phone #: 202-225-3801. Fax #: 202-225-0351.
Rep. Jim McDermott (D-WA) 7th District. Phone #: 202-225-4707. Fax #:
202-225-3106.
Pete Stark (D-CA) 13th District. Phone #: 202-225-5065. Fax #: 202-225-3805.
John Tanner (D-TN) 8th District. Phone #: 202-225-4714. Fax #: 202-225-1765.
4. assembly bill 609 by scott wildman is coming along. jim willows tells us that amendments on
the braille bill are soon to be released.
February 11, 2000
1. Special Announcement: The California Connection is Down
The toll free information service of the California COuncil of the Blind is down for two to three
weeks as our equipment is being repaired. We regret any inconvenience and will have the
service back ASAP.
2. We are saddened by the passing of long time CCB member Barry Weintraub who lost his two
year battle with cancer last week. Flora Weintraub tells us that people can honor his memory by
contributing to the CCB in his name.
3. Along with the Blind Alliance for Rehab Reform, we met with Dr. Catherine Campisi on
February 9th to hear her plans for blind services.
Her response to our requests were very long and as comprehensive as she could get at this
juncture.
Director Campisi's response to the alliance's concerns around California's blind rehab services
will be posted soon on the CCB web page in the barc area.
February 4, 2000
1. Governor Gray Davis has adopted a "Crime Victims with
Disabilities Initiative" in his 2000-2001 budget. This appears to be
the first permanent state government program that exclusively
addresses crime and violence against people with disabilities in the U.S.
The sponsors of this initiative, the California Victims of Crime
Committee, asked all interested parties to write letters of support
to the governor. Those from California are encouraged to write their
state legislators as well asking for their support of this budget item
located in the State Department of Mental Health's section of the budget.
This will underscore the support and interest in our communities on this
issue. It will also reinforce the governor's commitment to this
cause and encourage legislative support.
The Governor's program will coordinate efforts to address this issue
by those state and local agencies that serve people with disabilites.
It will fund pilot programs in selected counties to build partnerships
between local service providers and local criminal justice
organizations. It will train state and local officials and
administrators and service providers on this issue and conduct a
public information campaign. It will require state agencies that serve
people with disabilities to prepare annual plans on how they will address
crime and violence against people with disabilities. It will also require
personnal safety training by key service providers.
The Governor's budget states that, "All of these activities will
support the Administration's commitment to ensuring the full
protection of the law and equal justice for citizens with disabilities."
The California Victims of Crime Committee considers this a major break
through in our effort to get government to act to reduce the incidence of
crime against people with disabilities and to ensure equal justice to crime
victims with disabilities.
Please let Governor Davis know you support this budget allocation by writing:
The Honorable Gray Davis, Governor
State Capitol
Sacramento, CA 95814
or you can e-mail him at: graydavis@governor.ca.gov
2. The Californians with Disabilities Act, SB 846 proposed by Senator Martha Escutia has died
in Senate Appropriations in that the author did not submit the bill for its second year in time of
the filing deadline.
We are pleased in that the bill was poorly written and would have given the Department of
Rehabilitation state A.D.A. enforcement powers as opposed to the current Fair Employment and
Housing as well as the state Attorney General's office.
3. We are also pleased to report that the legislation requiring fundraisers to to be licensed to sell
cars has also died. The bill by Senator Johnston was SB 158.
4. A new piece of Legislation with no bill number assigned to it yet concerns a pilot program to
limit the pupil/teacher ratios in special ed programs. For school districts that participate in this
program, they will receive increased funding for their special ed programs. We will keep you
informed on the progress of this bill.
5. Members of the BARC steering committee will be meeting with the new director of the
department of rehabilitation, Dr. Catherine Campisi on Wednesday February 9th.
6. Finally, our webpage has been updated to reflect the new legislative 2000 session. the site is
www.acb.org/ccb.
Week ending January 27, 2000
1. the california voter's pamphlet is now available from the secretary of state's office on cassette.
if you are not already on the list, contact them at 916-653-6814 and press the entry for
elections. once you are on the list, you will receive the cassettes every election time.
2. we have been working hard on garnering support in the disabled community for the california
commission for the blind and visually impaired. as of yet, we have no consumer opposition to
our proposed legislation.
we are still awaiting the interested legislators for their final decision on backing our bill.
3 The braille bill has passed the assembly floor and has moved on to the senate- most likely the
education committee but is not scheduled to be heard untill march. we are not that happy with
the bill as it stands now with respect to the language around teacher assistants teaching braille
under a credentialled teacher but the federation feels the same way and they tell us that
amendments are in the works to require braille expertise by these teaching assistants.
4. senate bill 929 by richard polanco seeks to increase ophthalmologist's presence on the
state-wide "TPA" board and expands minimal scope of practice to optometrists to now only
include treating pink eye and corneal ulcers. this bill has been greatly stripped down and has for
all intent and purposes become a spot bill so we don't need to support or oppose this but rather,
stay neutral.
5. finally, assembly bill 368 by sheilla kuehl will probably be heard in march. this is the bill that
hmo's and medi-cal to cover optical aids for people with low vision including cctv's. we will
watch all of these bills closely.
We will hunt for new bills around the middle of february since the deadline was january 21.