BILL NUMBER: SB 302 CHAPTERED
BILL TEXT
CHAPTER 784
FILED WITH SECRETARY OF STATE OCTOBER 11, 2003
APPROVED BY GOVERNOR OCTOBER 10, 2003
PASSED THE SENATE SEPTEMBER 2, 2003
PASSED THE ASSEMBLY AUGUST 28, 2003
AMENDED IN ASSEMBLY JUNE 16, 2003
AMENDED IN SENATE JUNE 3, 2003
INTRODUCED BY Senator Kuehl
FEBRUARY 19, 2003
An act to amend Section 11135 of the Government Code, relating to
discrimination.
LEGISLATIVE COUNSEL'S DIGEST
SB 302, Kuehl. Discrimination: state programs and activities.
Existing law prohibits discrimination, as defined, against any
person in any program or activity conducted, operated, or
administered by the state or by any state agency, or that is funded
directly by the state, or that receives any financial assistance from
the state. Existing law also requires, with respect to disability,
that these programs and activities meet the protections and
prohibitions contained in Section 202 of the Americans with
Disabilities Act of 1990 and the federal rules and regulations
implementing the act or state law if the state protections and
prohibitions are stronger.
This bill would declare that the Legislature intended to apply the
provisions requiring compliance with the accessibility requirements
of the federal Rehabilitation Act of 1973 and its implementing
regulations for the purposes of improving the accessibility of
persons with disabilities to electronic or information technology to
the California State University. The bill would state that it
clarifies that the California State University is subject to that
provision and require the California State University, in determining
the cost of developing or procuring electronic or information
technology, to consider whether technology that meets the
accessibility requirements of a specified provision of the federal
Rehabilitation Act of 1973 would reduce the long-term cost incurred
by the California State University in providing access or
accommodations to future users of this technology who are persons
with disabilities, as required by existing law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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) (1) As used in this section, "disability" means any mental or
physical disability as defined in Section 12926.
(2) The Legislature finds and declares that the amendments made to
this act are declarative of existing law. The Legislature further
finds and declares that in enacting Senate Bill 105 of the 2001-02
Regular Session (Chapter 1102 of the Statutes of 2002), it was the
intention of the Legislature to apply subdivision (d) to the
California State University in the same manner that subdivisions (a),
(b), and (c) of this section already applied to the California State
University, notwithstanding Section 11000. In clarifying that the
California State University is subject to paragraph (2) of
subdivision (d), it is not the intention of the Legislature to
increase the cost of developing or procuring electronic and
information technology. The California State University shall,
however, in determining the cost of developing or procuring
electronic or information technology, consider whether technology
that meets the standards applicable pursuant to paragraph (2) of
subdivision (d) will reduce the long-term cost incurred by the
California State University in providing access or accommodations to
future users of this technology who are persons with disabilities, as
required by existing law, including this section, Title II of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 and
following), and Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. Sec. 794).
(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.