BILL NUMBER: SB 105	CHAPTERED
	BILL TEXT

	CHAPTER  1102
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2002
	PASSED THE SENATE  AUGUST 30, 2003
	PASSED THE ASSEMBLY  AUGUST 24, 2002
	AMENDED IN ASSEMBLY  JULY 18, 2002
	AMENDED IN ASSEMBLY  JULY 3, 2002
	AMENDED IN ASSEMBLY  JUNE 27, 2002
	AMENDED IN ASSEMBLY  JUNE 13, 2002
	AMENDED IN SENATE  JANUARY 23, 2002
	AMENDED IN SENATE  FEBRUARY 26, 2001

INTRODUCED BY   Senators Burton, Alpert, O'Connell, and Perata
   (Coauthors:  Assembly Members Nation, Rod Pacheco, Steinberg, and
Thomson)

                        JANUARY 22, 2001

   An act to amend Section 11135 of the Government Code, to amend
Sections 19050 and 19050.5 of, to add Section 19054 to, and to add
Chapter 3 (commencing with Section 19095) to Part 1 of Division 10
of, the Welfare and Institutions Code, relating to human services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 105, Burton.  Services:  blind:  visually impaired:  deaf:
hard of hearing.
   Existing law provides for the Department of Rehabilitation, which
administers various programs and services for disabled persons,
including the blind and visually impaired.
   This bill would establish the Division of Services for the Blind
and Visually Impaired and the Deaf and Hard of Hearing, would
establish the responsibilities of the division, would require the
director of the division to report to the Legislature and the
Governor on programs administered by the division, would require the
director to appoint a Blind Advisory Committee and a Deaf Advisory
Committee to advise the director on certain issues, and would make
related and conforming changes.
   This bill would incorporate additional changes in Section 11135 of
the Government Code, proposed by AB 3035, to be operative only if AB
3035 and this bill are both chaptered and become effective January
1, 2003, and this bill is chaptered last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) Approximately 70 percent of employable blind and visually
impaired individuals are unemployed.
   (2) Due to the lack of employment, most of these individuals
receive public assistance payments, as well as Medi-Cal and other
public benefits, thereby costing the state millions of dollars in
benefit payments and lost income tax revenue.
   (3) It is the primary function of the Department of Rehabilitation
to prepare and place persons with disabilities, including the blind
and visually impaired, in meaningful jobs.
   (4) The department needs to implement policy and procedural
changes in order to improve its ability to increase the numbers of
blind and visually impaired consumers placed in competitive
employment.
   (5) The blind and visually impaired have a long history of success
with separate specialized training that takes into account their
unique needs and the need to have experienced, trained staff, and
contracting organizations.
   (6) The establishment of a Division of Services for the Blind and
Visually Impaired and the Deaf and Hard of Hearing in the Department
of Rehabilitation will, through the focus of state and federal
resources and without diverting resources that would otherwise be
used to assist those with other disabilities, dramatically improve
employment-related services provided to persons who are blind or
visually impaired or deaf or hard of hearing.
   (7) The purpose of the establishment of a Division of Services for
the Blind and Visually Impaired and the Deaf and Hard of Hearing in
the department is to streamline, and make more efficient and
effective, the department's delivery of services to Californians who
are blind or visually impaired, and that this streamlined
organization of those services into a single division within the
department will result in no greater than minor, absorbable costs, if
any.
   (b) It is, therefore, the intent of the Legislature to establish a
Division of Services for the Blind and Visually Impaired and the
Deaf and Hard of Hearing to improve the lives of blind and visually
impaired and deaf and hard of hearing persons.
  SEC. 2.  Section 11135 of the Government Code is amended to read:
   11135.  (a) No person in the State of California shall, on the
basis of ethnic group identification, religion, age, sex, color, or
disability, be unlawfully denied full and equal access to the
benefits of, or be unlawfully subjected to discrimination under, any
program or activity that is conducted, operated, or administered by
the state or by any state agency, is funded directly by the state, or
receives any financial assistance from the state.
   (b) With respect to discrimination on the basis of disability,
programs and activities subject to subdivision (a) shall meet the
protections and prohibitions contained in Section 202 of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and
the federal rules and regulations adopted in implementation thereof,
except that if the laws of this state prescribe stronger protections
and prohibitions, the programs and activities subject to subdivision
(a) shall be subject to the stronger protections and prohibitions.
   (c) As used in this section, "disability" means any mental or
physical disability as defined in Section 12926.
   (d) (1) The Legislature finds and declares that the ability to
utilize electronic or information technology is often an essential
function for successful employment in the current work world.
   (2) In order to improve accessibility of existing technology, and
therefore increase the successful employment of individuals with
disabilities, particularly blind and visually impaired and deaf and
hard-of-hearing persons, state governmental entities, in developing,
procuring, maintaining, or using electronic or information
technology, either indirectly or through the use of state funds by
other entities, shall comply with the accessibility requirements of
Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
Sec. 794d), and regulations implementing that act as set forth in
Part 1194 of Title 36 of the Federal Code of Regulations.
   (3) Any entity that contracts with a state or local entity subject
to this section for the provision of electronic or information
technology or for the provision of related services shall agree to
respond to, and resolve any complaint regarding accessibility of its
products or services that is brought to the attention of the entity.

  SEC. 2.5.  Section 11135 of the Government Code is amended to read:

   11135.  (a) No person in the State of California shall, on the
basis of race, national origin, ethnic group identification,
religion, age, sex, color, or disability, be unlawfully denied full
and equal access to the benefits of, or be unlawfully subjected to
discrimination under, any program or activity that is conducted,
operated, or administered by the state or by any state agency, is
funded directly by the state, or receives any financial assistance
from the state.
   (b) With respect to discrimination on the basis of disability,
programs and activities subject to subdivision (a) shall meet the
protections and prohibitions contained in Section 202 of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and
the federal rules and regulations adopted in implementation thereof,
except that if the laws of this state prescribe stronger protections
and prohibitions, the programs and activities subject to subdivision
(a) shall be subject to the stronger protections and prohibitions.
   (c) As used in this section, "disability" means any mental or
physical disability as defined in Section 12926.
   (d) (1) The Legislature finds and declares that the ability to
utilize electronic or information technology is often an essential
function for successful employment in the current work world.
   (2) In order to improve accessibility of existing technology, and
therefore increase the successful employment of individuals with
disabilities, particularly blind and visually impaired and deaf and
hard-of-hearing persons, state governmental entities, in developing,
procuring, maintaining, or using electronic or information
technology, either indirectly or through the use of state funds by
other entities, shall comply with the accessibility requirements of
Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
Sec. 794d), and regulations implementing that act as set forth in
Part 1194 of Title 36 of the Federal Code of Regulations.
   (3) Any entity that contracts with a state or local entity subject
to this section for the provision of electronic or information
technology or for the provision of related services shall agree to
respond to, and resolve any complaint regarding accessibility of its
products or services that is brought to the attention of the entity.

  SEC. 3.  Section 19050 of the Welfare and Institutions Code is
amended to read:
   19050.  There is in the department a program manager for the blind
and visually impaired and a program manager for the deaf and hard of
hearing.  The program managers shall, as determined by the director,
report to the deputy director of the division established pursuant
to Section 19095, and shall assist in the development and
coordination of policy with respect to programs for persons who are
blind and visually impaired and persons who are deaf and hard of
hearing.
  SEC. 4.  Section 19050.5 of the Welfare and Institutions Code is
amended to read:
   19050.5.  The program manager for the blind and visually impaired
programs and the program manager for the deaf and hard-of-hearing
programs shall have demonstrated experience and sensitivity in
working with these disabilities.
  SEC. 5.  Section 19054 is added to the Welfare and Institutions
Code, to read:
   19054.  The director shall appoint a Deaf Advisory Committee to
advise the director on means to increase employment, enlarge economic
opportunities, enhance independence and self-sufficiency, and
otherwise improve services to persons who are deaf or hard of
hearing.  A majority of the committee members shall be deaf or hard
of hearing, and other members shall have experience relating to
services to the deaf or hard of hearing.  The committee shall
develop, in conjunction with stakeholders, an annual work plan to
identify and address areas for improvement in services provided by
the department to persons who are deaf or hard of hearing.
  SEC. 6.  Chapter 3 (commencing with Section 19095) is added to Part
1 of Division 10 of the Welfare and Institutions Code, to read:

      CHAPTER 3.  DIVISION OF SERVICES FOR THE BLIND AND VISUALLY
IMPAIRED AND THE DEAF AND HARD OF HEARING

   19095.  (a) (1) There is hereby established in the Department of
Rehabilitation a Division of Specialized Services for the Blind and
Visually Impaired and the Deaf and Hard of Hearing.
   (2) For purposes of this chapter "division" means the division
established pursuant to paragraph (1).
   (b) The purposes of the division shall be as follows:
   (1) To assist persons who are blind and visually impaired and deaf
and hard of hearing in gaining competitive employment.
   (2) To enlarge economic opportunities for persons who are blind or
visually impaired and deaf and hard of hearing.
   (3) To enhance the independence and self-sufficiency of blind and
visually impaired and deaf and hard-of-hearing persons.
   19095.5.  (a) The division shall be under the direction of a
deputy director, who shall be appointed by the Governor.
   (b) The deputy director shall have extensive background in, or
knowledge of, services to the blind and visually impaired and the
deaf and hard of hearing.
   (c) The deputy director shall report directly to the directorate
of the Department of Rehabilitation and shall be a member of the
department's executive management, taking part in all departmental
planning and decisionmaking.
   19096.  (a) Commencing July 1, 2003, the division shall be charged
with the administration of the following programs and services:
   (1) All staff within the division, including rehabilitation
counselors, rehabilitation counselors for the blind, staff of the
orientation center, and staff of the business enterprises program.
   (2) Orientation centers for the blind, provided for pursuant to
Article 1 (commencing with Section 19500) of Chapter 6 of Part 2.
   (3) The Business Enterprise Program for the Blind, provided
pursuant to Article 5 (commencing with Section 19625) of Chapter 6 of
Part 2.
   (4) Contracts for services with organizations serving the blind
and visually impaired and the deaf and hard of hearing.
   (5) Programs for the blind under Subchapter 7 (commencing with
Section 796) of Chapter 16 of Title 29 of the United States Code.
   (b) The division shall also provide additional rehabilitation
services to its blind and visually impaired and deaf and
hard-of-hearing clients, to the extent that funds are available.
   (c) The program managers shall report to the deputy director of
the division established pursuant to this chapter.
   (d) The division shall be responsible for administrative
functions, including, but not limited to, the following:
   (1) Develop, implement, and oversee policies related to blind and
visually impaired and deaf and hard-of-hearing consumers, including
timely provision of assistive technology services.
   (2) Develop and implement mandatory orientation training programs
for new rehabilitation counselors for the blind, rehabilitation
counselors for the deaf, and counselor teachers.
   (3) Develop and implement ongoing mandatory training for
rehabilitation supervisors of blind-designated units.
   (4) Establish minimum professional competencies for rehabilitation
counselors for the blind, rehabilitation counselors for the deaf,
and counselor teachers, and provide continuing in-service education
to rehabilitation counselors for the blind, rehabilitation counselors
for the deaf, and counselor teachers.
   (5) Provide support and assistance to field staff on issues
related to the cases of blind and visually impaired and deaf and
hard-of-hearing consumers.
   (6) Provide technical assistance to the department related to the
assistive technology needs of blind and visually impaired and deaf
and hard-of-hearing employees and consumers.
   (7) Establish and maintain within the department's Internet Web
site, a communications system for staff serving blind and visually
impaired and deaf and hard-of-hearing consumers for the purpose of
sharing resource information, effective practices, and problem
solving.
   (e) Any program administered in whole or in part by the State
Department of Education relative to the transition from school to
work for blind and visually impaired and deaf and hard-of-hearing
secondary education students shall be conducted in partnership with
the division.
   19097.  (a) Subject to the control of the director, all employees
of the department providing services to persons who are blind and
visually impaired administered by the division pursuant to this
chapter shall be under the exclusive direction and supervision of the
deputy director of the division.
   (b) The division shall establish criteria and train counselors and
supervisors working with persons who are blind and visually impaired
and deaf and hard of hearing to ensure they have the specialized
knowledge and skills to meet the needs of these persons.
   19097.5.  The department shall report annually in the fourth
quarter of each calendar year to the Blind Advisory Committee on the
amount of state and federal funds allocated to direct services
governed by this chapter.
   19098.  The Director of Rehabilitation shall, on or before July 1,
2005, and every other year thereafter, report to the Legislature and
the Governor on the programs administered by the division.  The
report shall include statistics on competitive employment placements
of persons who are blind or visually impaired.
   19098.5.  The Director of Rehabilitation shall establish the Blind
Advisory Committee to advise the Director of Rehabilitation on means
to increase competitive employment, enlarge economic opportunities,
enhance independence and self-sufficiency, and otherwise improve
services for persons who are blind and visually impaired.  A majority
of the members shall be blind or visually impaired.  Members of the
committee who are not blind or visually impaired shall have
experience in services to the blind.  The committee shall develop, in
conjunction with stakeholders, an annual work plan to identify and
address areas for improvement in services provided by the division to
persons who are blind and visually impaired.
  SEC. 7.  Section 2.5 of this bill incorporates amendments to
Section 11135 of the Government Code proposed by both this bill and
AB 3035.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2003, (2) each
bill amends Section 11135 of the Government Code, and (3) this bill
is enacted after AB 3035, in which case Section 2 of this bill shall
not become operative.