[New-hampshire-students] Fwd: GSIL Advocacy Alert - Veto SB359 / Many Chances for Input Coming Up

Wed Jun 13 12:39:23 UTC 2012

Hello all
This is probably one of the most subtle and yet still very important
issues I have heard about in the state so far regarding folks with
disabilities; a proposed bill (which I'll put the text of below from
our state's website) is proposing to eliminate some of the safety nets
for those who wish to take civil action when they feel that a building
violates their accessibility and personal rights.

SB359

(Proposed language)

AN ACT relative to civil actions involving accessibility standards for
public buildings.

Be it Enacted by the Senate and House of Representatives in General
Court convened:

1 Accessibility Standards for Public Buildings; Enforcement Actions.
Amend RSA 155-A:5-a, V to read as follows:

V. In addition to other enforcement authority granted in this chapter,
the protection and advocacy system for New Hampshire, as designated by
the governor pursuant to 42 U.S.C. section 15043, shall have standing
to enforce the accessibility standards required by this section. If
the protection and advocacy system determines that probable cause
exists that a public building violates the accessibility certification
or inspection requirements of this section, it shall issue a letter to
the owner of the building specifically identifying the deficiencies
and requesting that the building be brought into compliance. The owner
shall have 30 days to respond to the letter and 270 days to bring the
building into compliance. If the owner does not respond, does not
agree that there are some or all of the deficiencies asserted, or does
not agree to bring the building into compliance within the specified
time periods, or any other dispute remains as to compliance, either
the owner or the protection and advocacy system may file an action in
the superior court to determine compliance with this section. The
protection and advocacy system may bring the action in its name or in
the name of any individual with a physical impairment who is adversely
affected by the alleged failure to adhere to the accessibility
standards of the state building code, or both. If it is determined by
the superior court that the building is not in compliance with the
accessibility standards in the state building code, the court shall
order that the [owner] responsible party bring the building into
compliance. [If the protection and advocacy system prevails in such
action, it shall be awarded court costs and reasonable attorney’s fees
from the owner. For purposes of this section, “prevailing” is defined
to include a judgment by the court, a consent decree, or instances
where the owner agrees to make or makes some or all of the requested
changes after the filing date of the action.] The court may award
reasonable attorney’s fees and costs to the prevailing party. For
purposes of this section, a party prevails only if it receives either
an enforceable judgment on the merits or a consent decree.

2 Effective Date. This act shall take effect 60 days after its passage.

The current language is almost the same, except for the last two
parts, where it mentions how and to whom the costs will fall:

    V. In addition to other enforcement authority granted in this
chapter, the protection and advocacy system for New Hampshire, as
designated by the governor pursuant to 42 U.S.C. section 15043, shall
have standing to enforce the accessibility standards required by this
section. If the protection and advocacy system determines that
probable cause exists that a public building violates the
accessibility certification or inspection requirements of this
section, it shall issue a letter to the owner of the building
specifically identifying the deficiencies and requesting that the
building be brought into compliance. The owner shall have 30 days to
respond to the letter and 270 days to bring the building into
compliance. If the owner does not respond, does not agree that there
are some or all of the deficiencies asserted, does not agree to bring
the building into compliance within the specified time periods, or any
other dispute remains as to compliance, either the owner or the
protection and advocacy system may file an action in the superior
court to determine compliance with this section. The protection and
advocacy system may bring the action in its name or in the name of any
individual with a physical impairment who is adversely affected by the
alleged failure to adhere to the accessibility standards of the state
building code, or both. If it is determined by the superior court that
the building is not in compliance with the accessibility standards in
the state building code, the court shall order that the owner bring
the building into compliance. If the protection and advocacy system
prevails in such action, it shall be awarded court costs and
reasonable attorney's fees from the owner. For purposes of this
section, "prevailing'' is defined to include a judgment by the court,
a consent decree, or instances where the owner agrees to make or makes
some or all of the requested changes after the filing date of the
action.

---
The above language is from the revised statutes online at
http://www.gencourt.state.nh.us/rsa/html/XII/155-A/155-A-5-a.htm

I could ramble on and on about this, so I'll just leave you with two
thoughts - while anyone can sue anyone for anything, our ability to do
so intelligently in the defense of our right to freely use something
is when and how we desire to do so is one of the most fundamental
rights we have.  Whenever that is affected, no matter how small, it is
an infringement on that right.  Also, many good people have spent more
time and resources than my rookie self can or have, so I'm passing on
what links I've been given on this issue below.

Please call Gov. Linch and ask him to veto this bill

Andrew
---------- Forwarded message ----------
From: Jeff Dickinson <jdickinson at gsil.org>
Date: Tue, 12 Jun 2012 12:49:55 -0700
Subject: GSIL Advocacy Alert - Veto SB359 / Many Chances for Input Coming Up
To: Jeff Dickinson <jdickinson at gsil.org>

[cid:image001.png at 01CD3E5F.32D09C80]

Granite State Independent Living
Advocacy Alert

[cid:image003.png at 01CD48B3.037445F0]June 12, 2012

In This Issue

*   Veto Senate Bill 359!

*   Go To Medicaid Managed Care Information Sessions!

*   Go To BIP Information Sessions!

*   Go To Voting & Accessibility Forums!

Granite State Independent Living
Advocacy Program

21 Chenell Drive
 Concord, NH 03301

Office: (603) 228-9680 or (800) 826-3700

V/TTY: (888) 396-3459

Visit our website at: www.gsil.org<http://www.gsil.org>

E-mail: advocacy at gsil.org<mailto:advocacy at gsil.org>

Ask Governor Lynch to Veto SB359!!
Bill Will Impact NH Accessibility Lawsuits

Senate Bill 359 repeals critical enforcement provisions of New
Hampshire's building accessibility law, RSA 155-A:5-a.  It has been
passed by both houses of the legislature and now sits on the
Governor's desk.  Governor Lynch will decide whether to veto it within
the next few days.  If the Governor does not veto it, people with
disabilities who encounter inaccessible buildings will be forced to
risk significant financial penalties in order to protect their rights
in state court.  They would no longer be assured of having their
attorneys fees paid if they won their lawsuit, and would risk having
to pay the other side's fees if they lost.

This bill would be a major step backwards for the state.
Unfortunately for people with disabilities, there is often not a level
playing field when trying to address issues impacting their rights.
People with disabilities are often under-employed and experience
poverty and financial hardship at a much higher rate than others.
Most cannot afford legal representation, and the programs that exist
are not adequate to serve all who need assistance. The statute as
currently written provides a way for people with disabilities to
address violations of accessibility standards for public buildings. If
people with disabilities are threatened with the prospect of having to
pay the legal fees of the other party, which often possesses greater
financial and legal resources, many are likely to be intimidated and
simply give up.   Similarly, if the agency providing assistance is
threatened with this possibility then they are likely to take on fewer
clients or pursue cases only when there is a clear chance at winning
the suit.

The following link leads to a summary of the issues and concerns from
the Disability Rights Center's web site:
http://www.drcnh.org/SB359.html<http://cts.vresp.com/c/?DisabilitiesRightsCe/c377642cda/df62114b87/aed439b3c3>

If you are concerned about accessibility in your local communities,
GSIL hopes you will consider contacting the Governor's office so that
he knows this issue is important to you when he decides whether or not
to veto this bill.

Ask him to please veto SB359!

Contact Information for NH Governor John Lynch

Mailing Address

Phone

Fax

E-Mail Form

Governor John Lynch Office of the Governor State House 107 North Main
Street Concord, NH 03301

(603)271-2121

(603)271-7640

Click Here<http://www4.egov.nh.gov/governor/goveforms/comments.asp>

Medicaid Managed Care Info Meetings Coming
Meetings Planned State-Wide Thru Summer

The NH Department of Health and Human Services is holding 11
information sessions in June and July on the new Medicaid Care
Management program.

The meetings are for those who use Medicaid services as well as family
members and caregivers and for human service agency case managers or
service coordinators who work with them. Others are welcome to attend
if they are interested.

Information covered will be on the first step of the new Medicaid Care
Management program hoped to launch late this year or early next year.
The first step encompasses those Medicaid services that address
medical needs, such as doctor visits, inpatient and outpatient
hospital visits, prescriptions, mental health services, speech therapy
and audiology services. Enrollment for the new program is projected to
possibly begin in October.

Meeting topics will include basic information about:

*       When the new program will start.

*       What people will have to do when signing up for the program.

*       How people can pick a Care Management health plan.

*       How the new program will work.

All sessions will cover the same information, so people need to attend
only one. This is an information meeting only. It is not for signing
people up for the new Care Management program. That will happen later
in the year.

Registration is not required, but is appreciated. To register go to
http://www.surveymonkey.com/s/CareMgt

Meeting Schedule:

Dover: Tuesday, June 12, Dover Middle School, 16 Daley Drive, 5:30-7 pm

Manchester: Wednesday, June 13, Health Department, 1528 Elm St., 5:30-7 pm

Conway: Thursday, June 14, Kennett Middle School, 176 Main St., 5:30-7 pm

Littleton: Monday, June 18, Littleton High, 159, Oak Hill Ave, 5:30-7 pm

Keene: Tuesday, June 19, Keene Public Library, 60 Winter St., 5:30-7 pm

Laconia: Monday, June 25, Laconia Middle School, 150 McGrath St., 5:30-7 pm

Derry: Tuesday, June 26, Municipal Center, 14 Manning St., 5:30-7 pm

Concord: Wednesday, June 27, International Brotherhood of Electrical
Workers Hall, 48 Airport Road, 5:30-7 pm

Nashua: Thursday, June 28, Nashua High South, 36 Riverside Dr., 5:30-7 pm

Claremont: Monday, July 9, River Valley Community College, 1 College
Dr., 5:30-7 pm

Portsmouth: Tuesday, July 10, Portsmouth Public Library, 175 Parrott
Ave., 5:30-7 pm

Community Forums on Federal BIP Initiative
Program Seeks to Rebalance Long-Term Medicaid Care

New Hampshire is participating in the federal Balancing Incentive Program

(BIP) to direct more Medicaid dollars to long-term care for people who
qualify for Medicaid community-based services and supports. Community
forums will be held for consumers, families, and providers to share
issues about the current

system, concerns for the future, and ideas to improve the system of care.

These public forums will be held at the following dates and locations:

Berlin: Wednesday, June 13th, White Mountain Community College, 1:00-3:00 pm

Portsmouth: Thursday, June 14th, Portsmouth Community Campus -
Classrooms 1&2, 1:00-3:00 pm

Nashua: Wednesday, June 20th, Nashua City Hall Auditorium, 1:00-3:00 pm

Plymouth: Thursday, June 21st, Plymouth State College - Heritage Hall,
1:00-3:00 pm

For more information, please contact the BIP Project Director at DHHS at:

Donald.R.Hunter at dhhs.state.nh.us

Voting & Accessibility Forums-Your Input Needed!
Forums Hosted by Governor's Commission on Disability

The Governor's Commission on Disability (GCD) would like to hear from
you!  What is your experience with voting and accessibility? Was it
easy? Was it difficult?  What happened?  What worked well and what
didn't work well?

The GCD is sponsoring two public forums on voting and accessibility.
Please join them on:

Wednesday, June 27, 2012

12:00 NOON - 2:00 PM

Legislative Office Building

Room 301

33 North State Street

Concord, NH

OR

Tuesday, July 10, 2012

4:00 PM - 6:00 PM

Manchester City Library

Winchell Room

405 Pine Street

Manchester, NH

If you are unable to attend or have other questions, you may also send
them an e-mail at: disability at nh.gov

OR

Tell them via an internet survey at: Voting and Accessibility
Survey<https://www.surveymonkey.com/s/2CSVL2D>
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