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Current Legislative Session (2007-2008)
AB 2747 (Berg-Levine) - Stealth Assisted Suicide Bill
Assembly Members
Lloyd Levine and Patty Berg once again introduced their assisted suicide
bill, and once again, it failed to win approval in the Calfornia Assembly.
In a change of tactics, they then introduced AB 2747, which purports to
be about assuring that doctors provide terminal patients with information
about end-of-life options. A close reading of the bill, however, showed
that this was just another way of achieving legalization of assisted suicide.
In its original form, the bill would have defined "palliative sedation"
in a way that incorporated "voluntary stopping of eating and drinking" (VSED).
This end-of-life option would have to be presented to "terminal" patients
in cases where a physician, physician's assistant or nurse practitioner
gave a prognosis ot one year or less to live. Given the acknowledged inability
of doctors to accurately predict death
even 6 months beforehand (much less one year), such premature discussions
easily make vulnerable patients consider such options long before they
are truly terminal. In fact, many people with disabilities have been
incorrectly diagnosed and/or written off as terminal.
Many groups, including
disability rights organization and doctors associations, have opposed the
bill strongly. Eventually, AB 2747 got out of the Assembly, and, after
significant amendments that, among other things, removed the language about
"palliative sedation" and "VSED," the July 2, 2008, version was approved
by two California State Senate policy committees. The bill now awaits a
vote on the Senate floor. Although some major problems were amended
out of the bill, the July 2 version added a disturbing provision
regarding cost considerations that continues to concern me and many others.
I urge you to contact your California State Senator and ask him/her
to vote NO on AB 2747. A floor vote is expected in August. If you
don't know who your Senator is, go to Your Senator at
the Calfornia State Legislature's website.
—Laura
Last
updated July 18, 2008
2005-2006 Session
SB
840 (Kuehl) is a modified version of last session's SB 921. The
May 27, 2005, version of the bill was approved by the full California Senate
on May 31, sending it to the Assembly for further action. The financing
provisions have been removed from the main bill and will be included in
a separate piece of legislation. (The May 27 version provides that the bill
won't go into effect until the Secretary of Health and
Human Services has determined that the Health
Insurance Fund will have sufficient revenues to fund the costs of implementing
the bill.) You can read the bill language and review all other bill documents
by clicking on the bill link at the beginning of this paragraph.
Last amended on July
12, 2005, it doesn't appear that language about the funding for the system
has been amended into the bill nor that any action has been taken on the
bill since that date.
Last updated 6-30-06
I'm pleased to report that AB 651 (Berg-Levine), which would have legalized physician-assisted suicide in California, failed in the Senate Judiciary Committee on June 27, 2006.
For reasons explained elsewhere on this web site (see Public Policy
Implications of Legalizing Physician-Assisted Suicide on this web site
and related links to other sites), I join the many disability organizations
and individuals with disabilities who have actively opposed this
bill. Like 1999's AB 1592 (Aroner) before it, AB 651 would, despite the
best intentions of its authors, undermine our health care and social services
systems in ways that would be very harmful for Californians with disabilities
and serious chronic illnesses, as well as for many other groups. (See my
Feb. 2,
1998, Los Angeles Times commentary and my May
25, 2006, Capitol Weekly commentary on this issue for more of
my analysis.)
Thanks to a strong grass-roots effort, the authors were unable to muster
the votes they needed to win approval on the Assembly floor by June 3,
2005, the deadline for Assembly bills for the year. On June 6, 2005, the
authors amended the assisted suicide language into AB 651, a Levine
bill that already had been approved by the Assembly and already was in the
state Senate. AB 651, then needed approval from the Judiciary Committee
in order to reach the Senate floor. Even if the bill had been approved by
the full Senate, however, it would have needed to go back to the Assembly
for approval there as well.
So it appears the issue is dead in the California Legislature for this
session. But I expect that, unfortunately, it will come up again.
—Laura
Last updated 6-30-06
| Remember, you can find both your
Assembly Member and your Senator by going to the Assembly
Members page and clicking on the "Find My District" link in the
left-hand column (third item down). That brings up a window with
a form to enter your address. When you do that and click the "Find"
button, you get both your Assembly and State Senate members, along
with Sacramento and district office contact information. |
2003-2004 Session
|
2001-2002 Session
AB 677 (Steinberg): Aug. 20, 2001, version approved by Legislature and signed by Governor on Oct. 10, 2001. Now known as Chapter 708, Statutes of 2001. This bill changes California code to conform with Dare case decision on parking placard fees (generally prohibiting state from charging fees for permanent disabled-person parking placards) and makes other changes in definition of "person with a disability."
AB 925 (Aroner): Signed by Gov. Davis and chaptered Sept. 29, 2002. Now officially known as Chapter 1088, Statutes of 2002. This is the August 29, 2002, version of the bill, which expands on the current California Working Disabled program. That program allows qualified individuals with disabilities to work and earn income up to 250% of the federal poverty level without losing their Medi-Cal coverage. (We had hoped to broaden the eligibility standards to more accurately reflect the reality of living with a disability.) But although the bill was significantly scaled back from its original version, given the state's current financial circumstances, the enactment of AB 925 is still a step forward—hopefully, one we will be able to build upon.
AB 969 (Chan): Failed. Despite several amendments that would have limited state costs associated with this Medi-Cal/IHSS bill, it never had a hearing in the Senate Appropriations Committee and consequently died.
AB 1008 (Lowenthal): Chaptered. Although this bill started out as a measure to provide grants for certain types of accessibility remodeling, it has been completely rewritten. First, the scope of the program was cut back (June 5, 2001 version), reducing it to a pilot program that was to sunset (end) on Jan. 1, 2006. Funding also was removed. The Feb. 5, 2002, version rewrote the bill to piggyback on the Housing Bond Act of 2002 (proposed by SB 1227) by specifying that $5 million of the bond money would be used for the kind of grants program that the original bill would have established (assuming the bond measure was approved). However, on June 12, 2002, all references to grants for accessibility were eliminated from the bill. Instead, the bill now offers grants to local jurisdictions for building code enforcement programs. In this form, the bill was chaptered on Sept. 20, 2002. It is now officially Chapter 723, Statutes of 2002.
AJR 1 (Havice): Memorializes Congress and President to support and affirm ADA and to take legislative action necessary to offset negative Supreme Court rulings. Chaptered (Resolution Chapter 82) July 17, 2001
SB
1196 (Romero): Failed. Died on
Assembly Appropriations Suspense File. Given recent U.S. Supreme Court
decisions, the need for a bill like this—one through which the state
of California voluntarily waives its sovereign immunity against being
sued for damages in civil rights cases—is now more important than
ever.
Following are bills from the 2001-2002 California legislative
session that I think were important for people with disabilities.
Status: See Update
above.
Status: See Update above.
SB 442 (Vasconcellos). This bill would create the California Affordable Housing Connection, a web site to help Californians find affordable housing. It also "would require the housing strategy in the California State Housing Plan to include the provision of housing assistance for various specific population groups." Among these groups are people with disabilities. While I support this bill, I have asked the author to more specifically address accessibility needs in the bill and to assure that the web site will be accessible.
Status: See Update above.
SB 1196 (Romero). This bill would waive the state's (California's) immunity against being sued for damages for violating various federal civil rights laws, including the Americans with Disabilities Act.
Status: See Update above.
For more information about these bills, you can review letters on them that I wrote on behalf of the California Disability Alliance (CDA), as posted at CDA's web site. You also can use the Legislature's bill search engine to access all official documents about whichever bill interests you.
Please note that linking to either of these sites takes away from LRM's
Place. You will need to press the back button on your browser to return
to this page.
1999-2000 Session
Assembly Bill 1592 (Aroner) — would legalize physician-assisted suicide in California. My recommendation: OPPOSE AB 1592!
Outcome: Bill failed to reach Assembly floor. See below for more information.
Assembly Bill 2222 (Kuehl) — would put into California law many of the protections that were envisioned by the Americans with Disabilities Act (ADA) but have been taken away or weakened by recent U.S. Supreme Court decisions regarding employment discrimination against people with disabilities. Makes California law stronger than the ADA in some areas and makes it clear that it is the Legislature's intent to do so. My recommendation: SUPPORT AB 2222!
Outcome: California Gov. Gray Davis signed AB 2222 into law! (Oct. 7, 2000)
| I am pleased
to report that Assembly Bill 1592 (Aroner), which would have legalized
physician-assisted suicide in the state of California, died
in the California Legislature at the end of January 2000 without ever
coming up for a vote on the Assembly floor. It took a great
deal of effort by a broad coalition of groups, including several representing
people with disabilities, to turn up the heat. Many members of the
Legislature wanted very much not to vote on this bill at all!
Although I'm sure the author (and many supporters of this idea) were motivated by compassion, the reality is that legalization of physician-assisted suicide would pose serious dangers to people with disabilities and many serious chronic illnesses. In addition, it would set in motion a series of changes that would undermine our health-care system. (See my Los Angeles Times article "Red Flag on the Slippery Slope".) The fact is that in the current cost-dominated health-care environment, legalized physician-assisted suicide does not represent true autonomy or choice. It represents a very dangerous illusion of choice! Although I celebrate our success in preventing passage of AB 1592, I also know that this issue, the many misperceptions that surround it, and the reality of the dangers it poses for people with disabilities and serious chronic illnesses all remain very much alive. Supporters of legalized physician-assisted suicide are almost certain to try again. We must remain vigilant. If you share my concern about this issue, I invite you to visit the web site of the California Disability Alliance (CDA), a new organization that grew out of the disability opposition to AB 1592. I am proud to serve as a member of the CDA executive committee. Find out more about our group and what we stand for. If you share our goals, you can register to join the Alliance online. |
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E-mail: Laura Remson Mitchell
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