SENIOR ASSEMBLY PROPOSAL NO.23

INTRODUCED BY SENIOR ASSEMBLY MEMBER WIECK

(COAUTHOR: SENIOR ASSEMBLY MEMBER TUCKER)

(COAUTHOR: SENIOR SENATOR FROMM)

LEGISLATIVE COUNSEL’S DIGEST

AP 23: NURSING HOME RESIDENTS’ RIGHT TO VOTE.

UNDER EXISTING LAW, SKILLED NURSING FACILITIES AND INTERMEDIATE CARE FACILITIES ARE NOT REQUIRED, UPON ADMITTING RESIDENTS, TO ADVISE THEM OF THEIR RIGHT TO REGISTER TO VOTE AND TO ASSIST THEM IN FILLING OUT THE REGISTRATION FORM IF THEY ARE UNABLE TO DO SO.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ADD VOTER REGISTRATION REQUIREMENTS TO ATTACHMENT “A” OF THE STANDARD STATE ADMITTANCE AGREEMENT, ENTITLED “THE RESIDENT BILL OF RIGHTS,” AND WOULD ONLY EXEMPT THOSE RESIDENTS WHO ARE JUDICIALLY DETERMINED TO BE INCOMPETENT OR WHO ARE FOUND BY THEIR PHYSICIAN TO BE MEDICALLY INCAPABLE OF UNDERSTANDING THEIR RIGHT TO VOTE.

VOTE: MAJORITY.

AP 23: RELATING TO NURSING HOME RESIDENTS’ RIGHT TO VOTE

WHEREAS, ACCORDING TO SECTION 2300 OF THE ELECTIONS CODE, ALL VOTERS ARE REQUIRED TO BE CITIZENS OF THE UNITED STATES; AND

WHEREAS, ALL PERSONS HAVE THE SAME LEGAL RIGHTS AND RESPONSIBILITIES GUARANTEED ALL OTHER INDIVIDUALS BY THE UNITED STATES CONSTITUTION AND THE LAWS OF THE STATE OF CALIFORNIA; AND

WHEREAS, MORE THAN 35 MILLION AMERICANS WITH DISABILITIES ARE ELIGIBLE TO VOTE, BUT ONLY 15 MILLION DO VOTE, WHICH MEANS THAT 20 MILLION AMERICANS WITH DISABILITIES ARE NOT VOTING; AND

WHEREAS, THEIR VOTES COULD HAVE A BIG IMPACT ON WHO IS ELECTED AND ON POLICIES THAT AFFECT SENIORS AND PERSONS WITH DISABILITIES; AND

WHEREAS, A DETERMINATION MADE BY THE SECRETARY OF STATE, VOTER SERVICES, PURSUANT TO SECTION 2032 OF THE ELECTIONS CODE, STATES THAT AN INDIVIDUAL LIVING IN A LONG-TERM CARE FACILITY MAY USE IT AS HIS OR HER RESIDENTIAL ADDRESS; AND WHEREAS,

PARAGRAPH (6) OF SUBDIVISION (A) OF SECTION 2300 OF THE ELECTIONS CODE, READS “YOU HAVE THE RIGHT TO RECEIVE ASSISTANCE IN CASTING YOUR BALLOT IF YOU ARE UNABLE TO VOTE WITHOUT ASSISTANCE”; AND

WHEREAS, ATTACHMENT “A” OF THE CALIFORNIA STANDARD ADMISSION AGREEMENT FOR SKILLED NURSING FACILITIES AND INTERMEDIATE CARE FACILITIES, ENTITLED “THE RESIDENT BILL OF RIGHTS,” SECTION 1599 OF THE HEALTH AND SAFETY CODE, AND SECTION 72527 OF TITLE 22 OF THE CALIFORNIA CODE OF REGULATIONS, EXPRESSLY SETS FORTH FUNDAMENTAL HUMAN RIGHTS THAT ALL PATIENTS IN SKILLED OR INTERMEDIATE CARE FACILITIES ARE ENTITLED TO; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2006 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE STATE OF CALIFORNIA’S ATTACHMENT “A” OF THE STANDARD ADMITTANCE AGREEMENT FOR SKILLED NURSING FACILITIES AND INTERMEDIATE CARE FACILITIES, ENTITLED “THE RESIDENT BILL OF RIGHTS,” INCLUDE A REQUIREMENT THAT ALL SKILLED NURSING AND INTERMEDIATE CARE FACILITIES ADVISE ALL PERSONS, UPON ADMITTANCE, OF THEIR RIGHT TO REGISTER TO VOTE AND FOR ASSISTANCE IN FILLING OUT THE REGISTRATION FORM IF THEY ARE UNABLE TO DO SO, AND EXEMPTING ONLY THOSE RESIDENTS WHO ARE JUDICIALLY DETERMINED TO BE INCOMPETENT, OR WHO ARE FOUND BY THEIR PHYSICIAN TO BE MEDICALLY INCAPABLE OF UNDERSTANDING THIS INFORMATION; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN20061907510

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