AMENDED IN SENIOR SENATE OCTOBER 16, 2006

SENIOR SENATE PROPOSAL NO.20

INTRODUCED BY SENIOR SENATOR W. YOUNG

(COAUTHOR: SENIOR ASSEMBLY MEMBER L. YOUNG)

LEGISLATIVE COUNSEL’S DIGEST

SP 20: IN-HOME SUPPORTIVE SERVICES: SOCIAL AND COMMUNITY SETTINGS.

UNDER EXISTING LAW, IN-HOME SUPPORTIVE SERVICES (IHSS) PROVIDE PERSONAL ASSISTANCE SERVICES THAT AN INDIVIDUAL CAN USE TO LIVE AT HOME OR MAINTAIN EMPLOYMENT SAFELY.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD EXPAND THE SCOPE OF IHSS TO INCLUDE SERVICES IN SOCIAL AND COMMUNITY SETTINGS WHILE THE RECIPIENT IS PARTICIPATING IN VOLUNTEER, SOCIAL, OR OTHER COMMUNITY ACTIVITIES.

VOTE: MAJORITY.

SP 20: RELATING TO IN-HOME SUPPORTIVE SERVICES

WHEREAS, SECTION 12301 OF THE WELFARE AND INSTITUTIONS CODE STATES THE INTENT OF THE LEGISLATURE TO PROVIDE SUPPLEMENTAL OR ADDITIONAL SERVICES TO THE “SOCIAL AND REHABILITATIVE SERVICES” PROVIDED UNDER ARTICLE 6 (COMMENCING WITH SECTION 12250) OF CHAPTER 3 OF PART 3 OF DIVISION 9 OF THE WELFARE AND INSTITUTIONS CODE; AND

WHEREAS, CHAPTER 1088 OF THE STATUTES OF 2002 PROVIDES A PRECEDENT TO THE EXPANSION OF IN-HOME SUPPORTIVE SERVICES (IHSS) BY REQUIRING THE STATE DEPARTMENT OF HEALTH SERVICES TO OFFER IHSS SERVICES IN THE WORKPLACE; AND

WHEREAS, TN THE CASE OF OLMSTEAD V. L.C. BY ZIMRING (1999) 527 U.S. 581, THE UNITED STATES SUPREME COURT RULED THAT THE AMERICAN WITH DISABILITIES ACT REQUIRES PUBLIC AGENCIES TO PROVIDE SERVICES IN THE MOST INTEGRATED SETTING APPROPRIATE TO THE NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, 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 LEGISLATURE AND THE GOVERNOR IMPLEMENT LEGISLATION THAT WOULD EXPAND IHSS SERVICE TO PROVIDE SUPPORT LINKED TO THE INDIVIDUAL, SO AS TO ALLOW THE INDIVIDUAL TO REMAIN AT HOME, BUT NOT TO BE CONFINED TO THE HOME. THUS, THE EXPANDED IHSS WOULD ENABLE A RECIPIENT TO RECEIVE THE SAME SERVICE WHILE PARTICIPATING IN VOLUNTEER, SOCIAL, OR OTHER COMMUNITY ACTIVITIES, AS HE OR SHE IS ABLE; 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.

RN20061912409

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