Amended in Assembly April 28, 2016

Amended in Assembly April 14, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1709


Introduced by Assembly Member Gallagher

(Coauthors: Assembly Members Kim, Lackey, and Mathis)

(Coauthors: Senators Anderson and Nielsen)

January 25, 2016


An act to amendbegin delete Section 754 of the Evidence Code, relating to courts.end deletebegin insert Sections 54.1 and 54.2 of the Civil Code, to amend Section 224 of the Code of Civil Procedure, to amend Sections 44265.6, 44265.8, and 44265.9 of the Education Code, to amend Sections 754 and 754.5 of the Evidence Code, to amend Sections 8593, 8593.2, 8840, 8841, 53112, 68560.5, and 84507 of the Government Code, to amend Sections 1259, 1373.65, 1568.02, and 121369 of the Health and Safety Code, to amend Section 13835.4 of the Penal Code, to amend Sections 2881, 2881.1, 2881.2, and 2881.4 of the Public Utilities Code, to amend Sections 11000, 11003, and 11004 of the Unemployment Insurance Code, and to amend Sections 10559, 10620, 10621, 10622, 10624, and 10625 of the Welfare and Institutions Code, relating to deaf or hard-of-hearing individuals.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1709, as amended, Gallagher. begin deleteCourts: interpreters: deaf or hard of hearing. end deletebegin insertDeaf or hard-of-hearing individuals.end insert

Existing begin deletelaw, in any civil or criminal action where a party or witness is an individual who is deaf or hearing impaired and that individual is present and participating, requires the proceedings to be interpreted in a language that the individual who is deaf or hearing impaired understands by a qualified interpreter appointed by the court or other appointing authority, or as agreed upon.end deletebegin insert law uses the term “hearing impaired,” or a close variation of that term, in numerous provisions.end insert

This bill would replace the term “hearing impaired” with the term “hard of begin deletehearing.”end deletebegin insert hearing,” or a close variation of “hard of hearing,end insertbegin insert” and would make additional technical, nonsubstantive changes in those provisions.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 54.1 of the end insertbegin insertCivil Codeend insertbegin insert is amended to read:end insert

2

54.1.  

(a) (1) Individuals with disabilities shall be entitled to
3full and equal access, as other members of the general public, to
4accommodations, advantages, facilities, medical facilities,
5including hospitals, clinics, and physicians’ offices, and privileges
6of all common carriers, airplanes, motor vehicles, railroad trains,
7motorbuses, streetcars, boats, or any other public conveyances or
8modes of transportation (whether private, public, franchised,
9licensed, contracted, or otherwise provided), telephone facilities,
10adoption agencies, private schools, hotels, lodging places, places
11of public accommodation, amusement, or resort, and other places
12to which the general public is invited, subject only to the conditions
13and limitations established by law, or state or federal regulation,
14and applicable alike to all persons.

15(2) As used in this section, “telephone facilities” means tariff
16items and other equipment and services that have been approved
17by the Public Utilities Commission to be used by individuals with
18disabilities in a manner feasible and compatible with the existing
19telephone network provided by the telephone companies.

20(3) “Full and equal access,” for purposes of this section in its
21application to transportation, means access that meets the standards
22of Titles II and III of the Americans with Disabilities Act of 1990
23(Public Law 101-336) and federal regulations adopted pursuant
24thereto, except that, if the laws of this state prescribe higher
25standards, it shall mean access that meets those higher standards.

26(b) (1) Individuals with disabilities shall be entitled to full and
27equal access, as other members of the general public, to all housing
P3    1accommodations offered for rent, lease, or compensation in this
2state, subject to the conditions and limitations established by law,
3or state or federal regulation, and applicable alike to all persons.

4(2) “Housing accommodations” means any real property, or
5portionbegin delete thereof,end deletebegin insert of real property,end insert that is used or occupied, or is
6intended, arranged, or designed to be used or occupied, as the
7home, residence, or sleeping place of one or more human beings,
8but shall not include any accommodations included within
9subdivision (a) or any single-family residence the occupants of
10which rent, lease, or furnish for compensation not more than one
11roombegin delete therein.end deletebegin insert in the residence.end insert

12(3) (A) begin deleteAny end deletebegin insertA end insertperson renting, leasing, or otherwise providing
13real property for compensation shall not refuse to permit an
14individual with a disability, at that person’s expense, to make
15reasonable modifications of the existing rented premises if the
16modifications are necessary to afford the person full enjoyment of
17the premises. However, any modifications under this paragraph
18may be conditioned on the disabled tenant entering into an
19agreement to restore the interior of the premises to the condition
20existingbegin delete prior toend deletebegin insert beforeend insert the modifications. No additional security
21may be required on account of an election to make modifications
22to the rented premises under this paragraph, but the lessor and
23tenant may negotiate, as part of the agreement to restore the
24premises, a provision requiring the disabled tenant to pay an
25amount into an escrow account, not to exceed a reasonable estimate
26of the cost of restoring the premises.

27(B) begin deleteAny end deletebegin insertA end insertperson renting, leasing, or otherwise providing real
28property for compensation shall not refuse to make reasonable
29accommodations in rules, policies, practices, or services, when
30those accommodations may be necessary to afford individuals with
31a disability equal opportunity to use and enjoy the premises.

32(4) begin deleteNothing in this subdivision shall end deletebegin insertThis subdivision does not end insert
33requirebegin delete anyend deletebegin insert aend insert person renting, leasing, or providing for
34compensation real property to modify his or her property in any
35way or provide a higher degree of care for an individual with a
36disability than for an individual who is not disabled.

37(5) Except as provided in paragraph (6),begin delete nothing in this part
38shallend delete
begin insert this part does notend insert requirebegin delete anyend deletebegin insert aend insert person renting, leasing, or
39providing for compensation real property, if that person refuses to
P4    1accept tenants who have dogs, to accept as a tenant an individual
2with a disability who has a dog.

3(6) (A) It shall be deemed a denial of equal access to housing
4accommodations within the meaning of this subdivision forbegin delete anyend deletebegin insert aend insert
5 person, firm, or corporation to refuse to lease or rent housing
6accommodations to an individual who is blind or visually impaired
7on the basis that the individual uses the services of a guide dog,
8an individual who is deaf orbegin delete hearing impairedend deletebegin insert hard of hearingend insert on
9the basis that the individual uses the services of a signal dog, or
10to an individual with any other disability on the basis that the
11individual uses the services of a service dog, or to refuse to permit
12such an individual who is blind or visually impaired to keep a
13guide dog, an individual who is deaf orbegin delete hearing impairedend deletebegin insert hard of
14hearingend insert
to keep a signal dog, or an individual with any other
15disability to keep a service dog on the premises.

16(B) Except in the normal performance of duty as a mobility or
17signal aid,begin delete nothing contained in this paragraph shall be construed
18toend delete
begin insert this paragraph does notend insert prevent the owner of a housing
19accommodation from establishing terms in a lease or rental
20agreement that reasonably regulate the presence of guide dogs,
21signal dogs, or service dogs on the premises of a housing
22accommodation, norbegin delete shall this paragraph be construed toend deletebegin insert does this
23paragraphend insert
relieve a tenant from any liability otherwise imposed
24by law for real and personal property damages caused by such a
25dog when proof of thebegin delete sameend deletebegin insert damageend insert exists.

26(C) (i) As used in this subdivision, “guide dog” meansbegin delete anyend deletebegin insert aend insert
27 guide dog that was trained by a person licensed under Chapter 9.5
28(commencing with Section 7200) of Division 3 of the Business
29and Professions Code or as defined in the regulations implementing
30Title III of the Americans with Disabilities Act of 1990 (Public
31Law 101-336).

32(ii) As used in this subdivision, “signal dog” meansbegin delete anyend deletebegin insert aend insert dog
33trained to alert an individual who is deaf orbegin delete hearing impairedend deletebegin insert hard
34of hearingend insert
to intruders or sounds.

35(iii) As used in this subdivision, “service dog” meansbegin delete anyend deletebegin insert aend insert dog
36individually trained to the requirements of the individual with a
37disability, including, but not limited to, minimal protection work,
38rescue work, pulling a wheelchair, or fetching dropped items.

39(7) It shall be deemed a denial of equal access to housing
40accommodations within the meaning of this subdivision forbegin delete anyend deletebegin insert aend insert
P5    1 person, firm, or corporation to refuse to lease or rent housing
2accommodations to an individual who is blind or visually impaired,
3an individual who is deaf orbegin delete hearing impaired,end deletebegin insert hard of hearing,end insert or
4other individual with a disability on the basis that the individual
5with a disability is partially or wholly dependent upon the income
6of his or her spouse, if the spouse is a party to the lease or rental
7agreement.begin delete Nothing in this subdivision, however, shallend deletebegin insert This
8subdivision does notend insert
prohibit a lessor or landlord from considering
9the aggregate financial status of an individual with a disability and
10his or her spouse.

11(c) Visually impaired or blind persons and persons licensed to
12train guide dogs for individuals who are visually impaired or blind
13pursuant to Chapter 9.5 (commencing with Section 7200) of
14Division 3 of the Business and Professions Code or guide dogs as
15defined in the regulations implementing Title III of the Americans
16with Disabilities Act of 1990 (Public Law 101-336), and persons
17who are deaf orbegin delete hearing impairedend deletebegin insert hard of hearingend insert and persons
18authorized to train signal dogs for individuals who are deaf or
19begin delete hearing impaired,end deletebegin insert hard of hearing,end insert and other individuals with a
20disability and persons authorized to train service dogs for
21individuals with a disability, may take dogs, for the purpose of
22training them as guide dogs, signal dogs, or service dogs in any
23of the places specified in subdivisions (a) and (b). These persons
24shall ensure that the dog is on a leash and tagged as a guide dog,
25signal dog, or service dog by identification tag issued by the county
26clerk, animal control department, or other agency, as authorized
27by Chapter 3.5 (commencing with Section 30850) of Division 14
28of the Food and Agricultural Code. In addition, the person shall
29be liable for any provable damage done to the premises or facilities
30by his or her dog.

31(d) A violation of the right of an individual under the Americans
32with Disabilities Act of 1990 (Public Law 101-336) also constitutes
33a violation of this section, andbegin delete nothing inend delete this sectionbegin delete shall be
34construed toend delete
begin insert does notend insert limit the access of any person in violation
35of that act.

36(e) begin deleteNothing in this section shall end deletebegin insertThis section does not end insertpreclude
37the requirement of the showing of a license plate or disabled
38placard when required by enforcement units enforcing disabled
39persons parking violations pursuant to Sections 22507.8 and
4022511.8 of the Vehicle Code.

P6    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 54.2 of the end insertbegin insertCivil Codeend insertbegin insert is amended to read:end insert

2

54.2.  

(a) Every individual with a disability has the right to be
3accompanied by a guide dog, signal dog, or service dog, especially
4trained for the purpose, in any of the places specified in Section
554.1 without being required to pay an extra charge or security
6deposit for the guide dog, signal dog, or service dog. However,
7the individual shall be liable for any damage done to the premises
8or facilities by his or her dog.

9(b) Individuals who are blind or otherwise visually impaired
10and persons licensed to train guide dogs for individuals who are
11blind or visually impaired pursuant to Chapter 9.5 (commencing
12with Section 7200) of Division 3 of the Business and Professions
13Code or as defined in regulations implementing Title III of the
14Americans with Disabilities Act of 1990 (Public Law 101-336),
15and individuals who are deaf orbegin delete hearing impairedend deletebegin insert hard of hearingend insert
16 and persons authorized to train signal dogs for individuals who
17are deaf orbegin delete hearing impaired,end deletebegin insert hard of hearing,end insert and individuals with
18a disability and persons who are authorized to train service dogs
19for the individuals with a disability may take dogs, for the purpose
20of training them as guide dogs, signal dogs, or service dogs in any
21of the places specified in Section 54.1 without being required to
22pay an extra charge or security deposit for the guide dog, signal
23dog, or service dog. However, the person shall be liable for any
24damage done to the premises or facilities by his or her dog. These
25persons shall ensure the dog is on a leash and tagged as a guide
26dog, signal dog, or service dog by an identification tag issued by
27the county clerk, animal control department, or other agency, as
28authorized by Chapter 3.5 (commencing with Section 30850) of
29Title 14 of the Food and Agricultural Code.

30begin insert(c)end insertbegin insertend insert A violation of the right of an individual under the Americans
31with Disabilities Act of 1990 (Public Law 101-336) also constitutes
32a violation of this section, andbegin delete nothing inend delete this sectionbegin delete shall be
33construed toend delete
begin insert does notend insert limit the access of any person in violation
34of that act.

begin delete

35(c)

end delete

36begin insert(d)end insert As used in this section, the terms “guide dog,” “signal dog,”
37and “service dog” have the same meanings asbegin delete specifiedend deletebegin insert definedend insert in
38Section 54.1.

begin delete

39(d)

end delete

P7    1begin insert(e)end insertbegin deleteNothing in this section precludes end deletebegin insertThis section does not
2preclude end insert
the requirement of the showing of a license plate or
3disabled placard when required by enforcement units enforcing
4disabled persons parking violations pursuant to Sections 22507.8
5and 22511.8 of the Vehicle Code.

6begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 224 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is amended
7to read:end insert

8

224.  

(a) If a party does not cause the removal by challenge of
9an individual juror who is deaf,begin delete hearing impaired,end deletebegin insert hard of hearing,end insert
10 blind, visually impaired, or speech impaired and who requires
11auxiliary services to facilitate communication, the party shallbegin delete (1)end delete
12 stipulate to the presence of a service provider in the jury room
13during jury deliberations, andbegin delete (2)end delete prepare and deliver to the court
14proposed jury instructions to the service provider.

15(b) As used in this section, “service provider” includes, but is
16not limited to, a person who is a sign language interpreter, oral
17interpreter, deaf-blind interpreter, reader, or speech interpreter. If
18auxiliary services are required during the course of jury
19deliberations, the court shall instruct the jury and the service
20provider that the service provider for the juror with a disability is
21not to participate in the jury’s deliberations in any manner except
22to facilitate communication between the juror with a disability and
23other jurors.

24(c) The court shall appoint a service provider whose services
25are needed by a juror with a disability to facilitate communication
26or participation. A sign language interpreter, oral interpreter, or
27deaf-blind interpreter appointed pursuant to this section shall be
28a qualified interpreter, as defined in subdivision (f) of Section 754
29of the Evidence Code. Service providers appointed by the court
30under this subdivision shall be compensated in the same manner
31as provided in subdivision (i) of Section 754 of the Evidence Code.

32begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 44265.6 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
33read:end insert

34

44265.6.  

(a) Upon the request of an employing school district,
35county office of education or state special school, the Commission
36on Teacher Credentialing shall determine specific requirements
37for and issue a one-year specialist instruction emergency permit,
38solely for the purpose of instructing deaf orbegin delete hearing-impairedend delete
39begin insert hard-of-hearingend insert pupils, tobegin delete anyend deletebegin insert aend insert prelingually deaf candidate upon
40medical or other appropriate professional verifications.

P8    1(b) The applicant is exempted from the requirements in Section
244252 and subdivision (b) of Section 44830.

3(c) “Prelingually deaf” means, for purposes of this section, as
4having suffered a hearing lossbegin delete prior toend deletebegin insert beforeend insert three years of age
5that prevents the processing of linguistic information through
6hearing, with or without amplification.

7(d) The emergency specialist instruction permit issued under
8this section authorizes the holder to teach deaf and
9begin delete hearing-impairedend deletebegin insert hard-of-hearingend insert pupils who are enrolled in state
10special schools or in special classes for pupilsbegin delete with hearing
11impairments.end delete
begin insert who are deaf or hard of hearing.end insert

12(e)begin insertend insert A one-year specialist instruction emergency permit issued
13pursuant to subdivision (a) may be reissued at the request of the
14employing school district, county office of education or state
15special school in accordance with criteria determined by the
16Commission on Teacher Credentialing.

17begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 44265.8 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
18read:end insert

19

44265.8.  

(a) Upon the recommendation of a preliminary
20credential preparation program sponsor approved by the
21Commission on Teacher Credentialing, the commission shall issue
22a two-year nonrenewable preliminary teaching credential or
23preliminary services credential to a candidate who is prelingually
24deaf and meets all of the requirements in law for the full, pertinent
25five-year teaching or services credential pursuant to paragraph (2)
26of subdivision (a) of Section 44251, except that the candidate is
27exempt from compliance with the state basic skills proficiency
28testing requirements in Section 44252 and subdivision (b) of
29Section 44830.

30(b) A credential issued under this section authorizes the holder
31to teach or provide services, as authorized by the credential, only
32to deaf andbegin delete hearing-impairedend deletebegin insert hard-of-hearingend insert pupils who are
33enrolled in state special schools or in special classes for pupils
34
begin delete with hearing impairments.end deletebegin insert who are deaf or hard of hearing.end insert

35(c) For purposes of this section “prelingually deaf” means a
36person who suffered hearing lossbegin delete prior toend deletebegin insert beforeend insert three years of
37age, which prevents the processing of linguistic information
38through hearing, with or without amplification, if the condition is
39verified through medical or other appropriate professional means.

P9    1begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 44265.9 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
2read:end insert

3

44265.9.  

(a) The Commission on Teacher Credentialing shall
4develop criteria to verify the proficiency ofbegin delete anyend deletebegin insert aend insert holder of a
5credential issued under Section 44265.8 in performing the essential
6functions of his or her position.

7(b) The school district, county office of education, or state
8special school that employs a holder of a credential issued under
9Section 42265.8 shall appoint a three-person panel to verify
10proficiency using the criteria the commission develops for this
11purpose. The panel shall report its findings to the employing school
12 district, county office of education, or state special school, which
13may adopt those findings.

14(c) The panel appointed pursuant to subdivision (b) shall consist
15of the following:

16(1) A school administrator who is selected by school
17administrators of the employing school district, county office of
18education, or state special school.

19(2) An individual who is the parent of a deaf orbegin delete hearing-impairedend delete
20begin insert hard-of-hearingend insert pupil and who is selected by a school-related
21parent group.

22(3) A teacher or school services provider who holds a credential
23to teach or service deaf orbegin delete hearing-impairedend deletebegin insert hard-of-hearingend insert pupils
24and who is selected by teachers at the employing school.

25(d) The employing school district, county office of education,
26or state special school shall ensure that the panel completes the
27verification of proficiency within two years after the issuance of
28the credential issued under Section 44265.8.

29(e) Upon verification of proficiency, as documented by the
30employing school district, county office of education, or state
31special school, the commission shall issue a credential for the
32remainder of the preliminary period pursuant to paragraph (2) of
33subdivision (a) of Section 44251 that is limited to providing the
34instruction authorized by the credential to deaf and
35begin delete hearing-impairedend deletebegin insert hard-of-hearingend insert pupils enrolled in state special
36schools or in special classes, or a services credential for the
37remainder of the preliminary period that is limited to the provision
38of services authorized by the credential for deaf and
39begin delete hearing-impairedend deletebegin insert hard-of-hearingend insert pupils enrolled in state special
40schools or in special classes.

P10   1(f) Upon meeting the requirements for a professional clear
2teaching or services credential, the applicant may apply through
3their commission-approved professional clear program sponsor
4for a professional clear credential that is limited to providing the
5instruction or service authorized by the credential to deaf and
6begin delete hearing-impairedend deletebegin insert hard-of-hearingend insert pupils enrolled in state special
7schools or in special classes.

8

begin deleteSECTION 1.end delete
9
begin insertSEC. 7.end insert  

Section 754 of the Evidence Code is amended to read:

10

754.  

(a) As used in this section, “individual who is deaf or
11hard of hearing” means an individual with a hearing loss so great
12as to prevent his or her understanding language spoken in a normal
13tone, but does not include an individual who is hard of hearing
14provided with, and able to fully participate in the proceedings
15through the use of, an assistive listening system or computer-aided
16transcription equipment provided pursuant to Section 54.8 of the
17Civil Code.

18(b) Inbegin delete anyend deletebegin insert aend insert civil or criminal action, including an action
19involving a traffic or other infraction, a small claims court
20proceeding, a juvenile court proceeding, a family court proceeding
21or service, or a proceeding to determine the mental competency
22of a person, inbegin delete anyend deletebegin insert aend insert court-ordered or court-provided alternative
23dispute resolution, including mediation and arbitration, orbegin insert inend insert an
24administrative hearing, where a party or witness is an individual
25who is deaf or hard of hearing and the individual who is deaf or
26hard of hearing is present and participating, thebegin delete proceedingsend delete
27begin insert proceedingend insert shall be interpreted in a language that the individual
28who is deaf or hard of hearing understands by a qualified interpreter
29appointed by the court or other appointing authority, or as agreed
30upon.

31(c) For purposes of this section, “appointing authority” means
32a court, department, board, commission, agency, licensing or
33legislative body, or other body for proceedings requiring a qualified
34interpreter.

35(d) For purposes of this section, “interpreter” includes an oral
36interpreter, a sign language interpreter, or a deaf-blind interpreter,
37depending upon the needs of the individual who is deaf or hard of
38hearing.

39(e) For purposes of this section, “intermediary interpreter” means
40an individual who is deaf or hard of hearing, or a hearing individual
P11   1who is able to assist in providing an accurate interpretation between
2spoken English and sign language or between variants of sign
3language or between American Sign Language and other foreign
4languages by acting as an intermediary between the individual
5who is deaf or hard of hearing and the qualified interpreter.

6(f) For purposes of this section, “qualified interpreter” means
7an interpreter who has been certified as competent to interpret
8court proceedings by a testing organization, agency, or educational
9institution approved by the Judicial Council as qualified to
10administer tests to court interpreters for individuals who are deaf
11or hard of hearing.

12(g) If the appointed interpreter is not familiar with the use of
13particular signs by the individual who is deaf or hard of hearing
14or his or her particular variant of sign language, the court or other
15appointing authority shall, in consultation with the individual who
16is deaf or hard of hearing or his or her representative, appoint an
17intermediary interpreter.

18(h) (1) Before July 1, 1992, the Judicial Council shall conduct
19a study to establish the guidelines pursuant to which it shall
20determine which testing organizations, agencies, or educational
21institutions will be approved to administer tests for certification
22of court interpreters for individuals who are deaf or hard of hearing.
23It is the intent of the Legislature that the study obtain the widest
24possible input from the public, including, but not limited to,
25educational institutions, the judiciary, linguists, members of the
26Statebegin delete Bar,end deletebegin insert Bar of California,end insert court interpreters, members of
27professional interpreting organizations, and members of the deaf
28and hard of hearing communities. After obtaining public comment
29and completing its study, the Judicial Council shall publish these
30guidelines. By January 1, 1997, the Judicial Council shall approve
31one or more entities to administer testing for court interpreters for
32individuals who are deaf or hard or hearing. Testing entities may
33include educational institutions, testing organizations, joint powers
34agencies, or public agencies.

35(2) Commencing July 1, 1997, court interpreters for individuals
36who are deaf or hard of hearing shall meet the qualifications
37specified in subdivision (f).

38(i) Persons appointed to serve as interpreters under this section
39shall be paid, in addition to actual travel costs, the prevailing rate
40paid to persons employed by the court to provide other interpreter
P12   1services unless such service is considered to be a part of the
2person’s regular duties as an employee of the state, county, or other
3political subdivision of the state. Except as provided in subdivision
4(j), payment of the interpreter’s fee shall be a charge against the
5court. Payment of the interpreter’s fee in administrative
6proceedings shall be a charge against the appointing board or
7authority.

8(j) Whenever a peace officer or any other person having a law
9enforcement or prosecutorial function inbegin delete anyend deletebegin insert aend insert criminal or
10quasi-criminal investigation or non-court proceeding questions or
11otherwise interviews an alleged victim or witness who demonstrates
12or alleges deafness or hearing loss, a good faith effort to secure
13the services of an interpreter shall be made without any unnecessary
14delay, unless either the individual who is deaf or hard of hearing
15affirmatively indicates that he or she does not need or cannot use
16an interpreter, or an interpreter is not otherwise required by Title
17II of the federal Americans with Disabilities Act of 1990 (Public
18Law 101-336) and federal regulations adopted thereunder. Payment
19of the interpreter’s fee shall be a charge against the county, or other
20political subdivision of the state, in which the action is pending.

21(k) A statement, written or oral, made by an individual who the
22court finds is deaf or hard of hearing in reply to a question of a
23peace officer, or any other person having a law enforcement or
24prosecutorial function inbegin delete anyend deletebegin insert aend insert criminal or quasi-criminal
25investigation or proceeding, shall not be used against that individual
26who is deaf or hard of hearing unless the question was accurately
27 interpreted and the statement was made knowingly, voluntarily,
28and intelligently and was accurately interpreted, or the court finds
29that either the individual could not have used an interpreter or an
30interpreter was not otherwise required by Title II of the federal
31Americans with Disabilities Act of 1990 (Public Law 101-336)
32and federal regulations adopted thereunder and that the statement
33was made knowingly, voluntarily, and intelligently.

34(l) In obtaining services of an interpreter for purposes of
35subdivision (j) or (k), priority shall be given to first obtaining a
36qualified interpreter.

37(m) Nothing in subdivision (j) or (k) shall be deemed to
38supersede the requirement of subdivision (b) for use of a qualified
39interpreter for an individual who is deaf or hard of hearing
40participating as a party or witness in a trial or hearing.

P13   1(n) Inbegin delete anyend deletebegin insert anend insert action or proceeding in which an individual who
2is deaf or hard of hearing is a participant, the appointing authority
3shall not commencebegin delete proceedingsend deletebegin insert the action or proceedingend insert until
4the appointed interpreter is in full view of and spatially situated
5to assure proper communication with the participating individual
6who is deaf or hard of hearing.

7(o) Each superior court shall maintain a current roster of
8qualified interpreters certified pursuant to subdivision (f).

9begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 754.5 of the end insertbegin insertEvidence Codeend insertbegin insert is amended to
10read:end insert

11

754.5.  

Whenever an otherwise valid privilege exists between
12an individual who is deaf orbegin delete hearing impairedend deletebegin insert hard of hearingend insert and
13another person, that privilege is not waived merely because an
14interpreter was used to facilitate their communication.

15begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 8593 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
16read:end insert

17

8593.  

The Office of Emergency Services shall work with
18advocacy groups representing the deaf andbegin delete hearing impaired,end deletebegin insert hard
19of hearing,end insert
including, but not limited to, the California Association
20of the Deaf and the Coalition of Deaf Access Providers, California
21television broadcasters, city and county emergency services
22coordinators, and, as appropriate, the Federal Emergency
23Management Agency and the Federal Communications
24Commission, to improve communication with deaf and
25begin delete hearing-impairedend deletebegin insert hard-of-hearingend insert persons during emergencies,
26including the use of open captioning by California television
27broadcasters when transmitting emergency information.

28begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 8593.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
29to read:end insert

30

8593.2.  

The Office of Emergency Services shall investigate
31the feasibility of establishing a toll-free 800 telephone hotline,
32including TDD (telecommunications device for the deaf)
33accessibility, which would be accessible to the public, including
34deaf,begin delete hearing-impaired,end deletebegin insert hard-of-hearing,end insert and non-English speaking
35persons, for use during nonemergency and emergency periods to
36respond to inquiries about emergency preparedness and disaster
37status.

38begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 8840 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
39read:end insert

P14   1

8840.  

For purposes of this article, “eligible radio station” means
2a radio station that, at the time of applying for a grant under this
3article, meets both of the following requirements:

4(a) It has met all of the following requirements for a period of
5two years unless another time is specified:

6(1) It is licensed by the Federal Communications Commission
7as a noncommercial educational station, or is operating under
8program test authority pending the grant of a license.

9(2) It has its community of license and principal administrative
10offices in this state and is not owned, controlled, managed, or
11primarily financed by any corporation or entity outside of this
12 state.

13(3) It provides a program service that meets the requirements
14for a Community Service Grant from the Corporation for Public
15Broadcasting.

16(4) It provides significant locally originated programming in its
17community of license.

18(5) It broadcasts not less than 15 hours per day, 365 days per
19year.

20(6) It participates in statewide public broadcasting projects.

21(7) It has provided,begin delete prior toend deletebegin insert beforeend insert its application for a grant
22under this article, an audited financial statement for the years on
23which the grant is based.

24(8) It does either of the following:

25(A) Meets the criteria for receipt of a Community Service Grant
26from the Corporation for Public Broadcasting that were in effect
27on June 30, 1995.

28(B) Two monthsbegin delete prior toend deletebegin insert beforeend insert applying for a grant, the station
29has a full-time staff of at least one professional paid not less than
30the California minimum wage, and is certified by thebegin delete councilend delete
31begin insert commissionend insert as providing a needed service to its community of
32license.

33(b) It enters into a permanent agreement with the Office of
34Emergency Services to dedicate, as necessary, a broadcast channel
35for the provision of emergency information, to broadcast that
36information, and to ensure that it is presented in a format that
37makes it accessible to the deaf,begin delete hearing-impaired,end deletebegin insert hard-of-hearing,end insert
38 and non-English-speaking populations throughout its broadcast
39area, including rural and isolated populations.

P15   1begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 8841 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
2read:end insert

3

8841.  

For purposes of this article, “eligible television station”
4means a television station that, at the time of applying for a grant
5under this article, unless another time is specified, meets all of the
6following requirements:

7(a) It has met all of the following requirements for a period of
8two years:

9(1) It is licensed by the Federal Communications Commission
10as a noncommercial educational television station, or is operating
11under program test authority pending the grant of a license.

12(2) It has its community of license and principal administrative
13offices in this state, and is not owned, controlled, managed, or
14primarily financed by any corporation or entity outside of this
15state.

16(3) It provides a program service that meets the requirements
17for a Community Service Grant from the Corporation for Public
18Broadcasting.

19(4) It provides substantial and significant locally originated
20programming in its community of license.

21(5) It broadcasts not less than 2,500 hours per year.

22(6) It participates in statewide public broadcasting projects.

23(7) It meets the criteria for receipt of a Community Service
24Grant or base grant from the Corporation for Public Broadcasting
25that were in effect on June 30, 1994.

26(8) It has provided,begin delete prior toend deletebegin insert beforeend insert its application for a grant
27under this article, an audited financial statement for the years on
28which the grant is based.

29(b) It enters into a permanent agreement with the Office of
30Emergency Services to dedicate, as necessary, a broadcast channel
31for the provision of emergency information, to broadcast that
32information, and to ensure that it is presented in a format that
33makes it accessible to the deaf,begin delete hearing-impaired,end deletebegin insert hard-of-hearing,end insert
34 and non-English-speaking populations throughout its broadcast
35area, including rural and isolated populations.

36(c) At the time of disbursement of the funds, it certifies in
37writing by the station manager or an officer of the licensee that it
38has in its public file a plan to address the needs of significant
39linguistic minorities in its service area.

P16   1begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 53112 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

53112.  

(a) All systems shall be designed to meet the specific
4requirements of each community and public agency served by the
5system. Every system, whether basic or sophisticated, shall be
6designed to have the capability ofbegin delete utilizingend deletebegin insert usingend insert at least three of
7the methods specified in Sections 53103 to 53106, inclusive, in
8response to emergency calls. The Legislature finds and declares
9that the most critical aspect of the design of any system is the
10procedure established for handling a telephone request for
11emergency services.

12(b) In addition, to maximize efficiency andbegin delete utilizationend deletebegin insert useend insert of
13the system, all pay telephones within each systembegin delete shall, by
14December 31, 1985,end delete
begin insert shallend insert enable a caller to dial “911” for
15emergency services, and to reach an operator by dialing “0”,
16without the necessity of inserting a coin. At those “911” public
17safety answering points serving an area where 5 percent or more
18of the population, in accordance with the latest United States census
19information, speak a specific primary language other than English,
20operators who speak each such other language, in addition to
21English, shall be on duty or available through interagency telephone
22conference procedures at all times for “911” emergency services.

23(c) In addition, all systems shall require installation of a
24 telecommunications device capable of servicing the needs of the
25deaf or severelybegin delete hearing impairedend deletebegin insert hard of hearingend insert at the “911”
26public safety answering point or points. The device shall be
27compatible with devices furnished by telephone corporations
28pursuant to Section 2881 of the Public Utilities Code.

29begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 68560.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
30to read:end insert

31

68560.5.  

As used in this article:

32(a) “Court proceeding” means a civil, criminal, or juvenile
33proceeding, or a deposition in a civil case filed in a court of record.
34However, “court proceeding” does not include a small claims
35proceeding.

36(b) “Interpreter” does not includebegin delete (1)end delete an interpreter qualified
37under Section 754 of the Evidence Code to interpret for deaf or
38begin delete hearing impairedend deletebegin insert hard-of-hearingend insert persons, orbegin delete (2)end delete an interpreter
39qualified for administrative hearings or noncourt settings under
P17   1Article 8 (commencing with Section 11435.05) of Chapter 4.5 of
2Part 1 of Division 3 of Title 2.

3begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 84507 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
4to read:end insert

5

84507.  

begin deleteAny end deletebegin insertA end insertdisclosure statement required by this article shall
6be printed clearly and legibly in no less than 14-point, bold, sans
7serif type font and in a conspicuous manner as defined by the
8commission or, if the communication is broadcast, the information
9shall be spoken so as to be clearly audible and understood by the
10intended public and otherwise appropriately conveyed for the
11
begin delete hearing impaired.end deletebegin insert deaf or hard of hearing.end insert

12begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 1259 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
13amended to read:end insert

14

1259.  

(a) (1) The Legislature finds and declares that California
15is becoming a land of people whose languages and cultures give
16the state a global quality. The Legislature further finds and declares
17that access to basic health care services is the right of every resident
18of the state, and that access to information regarding basic health
19care services is an essential element of that right.

20(2) Therefore, it is the intent of the Legislature that when
21language or communication barriers exist between patients and
22the staff of any general acute care hospital, arrangements shall be
23made for interpreters or bilingual professional staff to ensure
24adequate and speedy communication between patients and staff.

25(b)  As used in this section:

26(1)  “Interpreter” means a person fluent in English and in the
27necessary second language, who can accurately speak, read, and
28readily interpret the necessary second language, or a person who
29can accurately sign and read sign language. Interpreters shall have
30the ability to translate the names of body parts and to describe
31competently symptoms and injuries in both languages. Interpreters
32may include members of the medical or professional staff.

33(2)  “Language or communication barriers” means:

34(A)  With respect to spoken language, barriers that are
35experienced by individuals who are limited-English-speaking or
36non-English-speaking individuals who speak the same primary
37language and who comprise at least 5 percent of the population of
38the geographical area served by the hospital or of the actual patient
39population of the hospital. In cases of dispute, the state department
P18   1shall determine, based on objective data, whether the 5 percent
2population standard applies to a given hospital.

3(B)  With respect to sign language, barriers that are experienced
4by individuals who are deaf and whose primary language is sign
5language.

6(c)  To ensure access to health care information and services
7for limited-English-speaking or non-English-speaking residents
8and deaf residents, licensed general acute care hospitals shall:

9(1)  Review existing policies regarding interpreters for patients
10with limited-English proficiency and for patients who are deaf,
11including the availability of staff to act as interpreters.

12(2)  (A) (i) Adopt and review annually a policy for providing
13language assistance services to patients with language or
14communication barriers. The policy shall include procedures for
15providing, to the extent possible, as determined by the hospital,
16the use of an interpreter whenever a language or communication
17barrier exists, except when the patient, after being informed of the
18availability of the interpreter service, chooses to use a family
19member or friend who volunteers to interpret. The procedures shall
20be designed to maximize efficient use of interpreters and minimize
21delays in providing interpreters to patients. The procedures shall
22ensure, to the extent possible, as determined by the hospital, that
23interpreters are available, either on the premises or accessible by
24telephone, 24 hours a day.

25(ii) The hospital shall, on or before July 1, 2016, and every
26January 1 thereafter, make the updated policy and a notice of
27availability of language assistance services available to the public
28on its Internet Web site. The notice shall be in English and in the
29other languages most commonly spoken in the hospital’s service
30area. For purposes of this paragraph, the hospital shall make the
31notice available in the language of individuals who meet the
32definition of having a language barrier pursuant to subparagraph
33(A) of paragraph (2) of subdivision (b); however, a hospital is not
34required to make the notice available in more than five languages
35other than English.

36(B) (i) The hospital shall, on or before July 1, 2016, and every
37January 1 thereafter, transmit to thebegin insert stateend insert department a copy of the
38updated policy and shall include a description of its efforts to
39ensure adequate and speedy communication between patients with
40language or communication barriers and staff.

P19   1(ii) Thebegin insert stateend insert department shall make the updated policy available
2to the public on its Internet Web site.

3(3)  Develop, and post in conspicuous locations, notices that
4advise patients and their families of the availability of interpreters,
5the procedure for obtaining an interpreter and the telephone
6numbers where complaints may be filed concerning interpreter
7service problems, including, but not limited to, a T.D.D. number
8for thebegin delete hearing impaired.end deletebegin insert deaf or hard of hearing.end insert The notices shall
9be posted, at a minimum, in the emergency room, the admitting
10area, the entrance, and in outpatient areas. Notices shall inform
11patients that interpreter services are available upon request, shall
12list the languages for which interpreter services are available, shall
13instruct patients to direct complaints regarding interpreter services
14to the state department, and shall provide the local address and
15telephone number of the state department, including, but not limited
16to, a T.D.D. number for thebegin delete hearing impaired.end deletebegin insert deaf or hard of
17hearing.end insert

18(4)  Identify and record a patient’s primary language and dialect
19on one or more of the following: patient medical chart, hospital
20bracelet, bedside notice, or nursing card.

21(5)  Prepare and maintain as needed a list of interpreters who
22have been identified as proficient in sign language and in the
23languages of the population of the geographical area serviced who
24have the ability to translate the names of body parts, injuries, and
25symptoms.

26(6)  Notify employees of the hospital’s commitment to provide
27interpreters to all patients who request them.

28(7)  Review all standardized written forms, waivers, documents,
29and informational materials available to patients upon admission
30to determine which to translate into languages other than English.

31(8)  Consider providing its nonbilingual staff with standardized
32picture and phrase sheets for use in routine communications with
33patients who have language or communication barriers.

34(9)  Consider developing community liaison groups to enable
35the hospital and the limited-English-speaking and deaf communities
36to ensure the adequacy of the interpreter services.

37(d)  Noncompliance with this section shall be reportable to
38licensing authorities.

39(e)  Section 1290begin delete shallend deletebegin insert doesend insert not apply to this section.

P20   1begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 1373.65 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

1373.65.  

(a) At least 75 daysbegin delete prior toend deletebegin insert beforeend insert the termination
4date of its contract with a provider group or a general acute care
5hospital, the health care service plan shall submit an enrollee block
6transfer filing to the department that includes the written notice
7the plan proposes to send to affected enrollees. The plan may not
8send this notice to enrollees until the department has reviewed and
9approved its content. If the department does not respond within
10seven days of the date of its receipt of the filing, the notice shall
11be deemed approved.

12(b) At least 60 daysbegin delete prior toend deletebegin insert beforeend insert the termination date of a
13contract between a health care service plan and a provider group
14or a general acute care hospital, the plan shall send the written
15notice described in subdivision (a) by United States mail to
16enrollees who are assigned to the terminated provider group or
17hospital. A plan that is unable to comply with the timeframe
18because of exigent circumstances shall apply to the department
19for a waiver. The plan is excused from complying with this
20requirement only if its waiver application is granted by the
21department or the department does not respond within seven days
22of the date of its receipt of the waiver application. If the terminated
23provider is a hospital and the plan assigns enrollees to a provider
24group with exclusive admitting privileges to the hospital, the plan
25shall send the written notice to each enrollee who is a member of
26the provider group and who resides within a 15-mile radius of the
27terminated hospital. If the plan operates as a preferred provider
28organization or assigns members to a provider group with admitting
29privileges to hospitals in the same geographic area as the terminated
30hospital, the plan shall send the written notice to all enrollees who
31reside within a 15-mile radius of the terminated hospital.

32(c) The health care service plan shall send enrollees of a
33preferred provider organization the written notice required by
34subdivision (b) only if the terminated provider is a general acute
35care hospital.

36(d) If an individual provider terminates his or her contract or
37employment with a provider group that contracts with a health
38care service plan, the plan may require that the provider group
39send the notice required by subdivision (b).

P21   1(e) If, after sending the notice required by subdivision (b), a
2health care service plan reaches an agreement with a terminated
3provider to renew or enter into a new contract or to not terminate
4their contract, the plan shall offer each affected enrollee the option
5to return to that provider. If an affected enrollee does not exercise
6this option, the plan shall reassign the enrollee to another provider.

7(f) A health care service plan and a provider shall include in all
8written, printed, or electronic communications sent to an enrollee
9that concern the contract termination or block transfer, the
10following statement in not less than 8-point type: “If you have
11been receiving care from a health care provider, you may have a
12right to keep your provider for a designated time period. Please
13contact your HMO’s customer service department, and if you have
14further questions, you are encouraged to contact the Department
15of Managed Health Care, which protects HMO consumers, by
16telephone at its toll-free number, 1-888-HMO-2219, or at a TDD
17number for thebegin delete hearing impairedend deletebegin insert deaf or hard of hearingend insert at
181-877-688-9891, or online at www.hmohelp.ca.gov.”

19(g) For purposes of this section, “provider group” means a
20medical group, independent practice association, or any other
21similar organization.

22begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 1568.02 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
23amended to read:end insert

24

1568.02.  

(a) (1) The department shall license residential care
25facilities for persons with chronic, life-threatening illness under a
26separate category.

27(2) A residential care facility for persons with chronic,
28life-threatening illness may allow a person who has been diagnosed
29by his or her physician or surgeon as terminally ill, as defined in
30subdivision (l) of Section 1568.01, to become a resident of the
31facility if the person receives hospice services from a hospice
32certified in accordance with federal Medicare conditions of
33participation and is licensed pursuant to Chapter 8 (commencing
34with Section 1725) or Chapter 8.5 (commencing with Section
351745).

36(b) The licensee of every facility required to be licensed pursuant
37to this chapter shall provide the following basic services for each
38resident:

P22   1(1) Room and board. No more than two residents shall share a
2bedroom, except that the director, in his or her discretion, may
3waive this limitation.

4(2) Access to adequate common areas, including recreation
5areas and shared kitchen space with adequate refrigerator space
6for the storage of medications.

7(3) Consultation with a nutritionist, including consultation on
8cultural dietary needs.

9(4) Personal care services, as needed, including, but not limited
10to, activities of daily living. A facility may have a written
11agreement with another agency to provide personal care services,
12except that the facility shall be responsible for meeting the personal
13care needs of each resident.

14(5) Access to case management for social services. A facility
15may have a written agreement with another agency to provide case
16management.

17(6) Development, implementation, and monitoring of an
18individual services plan. All health services components of the
19plan shall be developed and monitored in coordination with the
20home health agency or hospice agency and shall reflect the
21elements of the resident’s plan of treatment developed by the home
22health agency or hospice agency.

23(7) Intake and discharge procedures, including referral to
24outplacement resources.

25(8) Access to psychosocial support services.

26(9) Access to community-based and county services system.

27(10) Access to a social and emotional support network of the
28resident’s own choosing, within the context of reasonable visitation
29rules established by the facility.

30(11) Access to intermittent home health care services in
31accordance with paragraph (1) of subdivision (c).

32(12) Access to substance abuse services in accordance with
33paragraph (3) of subdivision (c).

34(13) Adequate securable storage space for personal items.

35(c) The licensee of every facility required to be licensed pursuant
36to this chapter shall demonstrate, at the time of application, all of
37the following:

38(1) Written agreement with a licensed home health agency or
39hospice agency. Resident information may be shared between the
40home health agency or hospice agency and the residential care
P23   1facility forbegin delete personsend deletebegin insert a personend insert withbegin insert aend insert chronic, life-threatening illness
2relative to the resident’s medical condition and the care and
3treatment provided to the resident by the home health agency or
4hospice agency, including, but not limited to, medical information,
5as defined by the Confidentiality of Medical Information Act, Part
62.6 (commencing with Section 56) of Division 1 of the Civil Code.
7Any regulations, policies, or procedures related to sharing resident
8information and development of protocols, established by the
9department pursuant to this section, shall be developed in
10consultation with the State Department of Healthbegin insert Careend insert Services
11and persons representing home health agencies, hospice agencies,
12and residential care facilities for persons with chronic,
13life-threatening illness.

14(2) Written agreement with a psychosocial services agency,
15unless the services are provided by the facility’s professional staff.

16(3) Written agreement with a substance abuse agency, unless
17the services are provided by the facility’s professional staff.

18(4) Ability to provide linguistic services for residents who do
19not speak English.

20(5) Ability to provide culturally appropriate services.

21(6) Ability to reasonably accommodate residents with physical
22disabilities, including, but not limited to, residents with motor
23impairments, physical access to areas of the facilitybegin delete utilizedend deletebegin insert usedend insert
24 by residents, and access to interpreters forbegin delete hearing-impairedend deletebegin insert deaf
25or hard-of-hearingend insert
residents.

26(7) Written nondiscriminationbegin delete policyend deletebegin insert policy,end insert which shall be
27posted in a conspicuous place in the facility.

28(8) Written policy on drug and alcohol use, including, but not
29limited to, a prohibition on the use of illegal substances.

30(d) begin deleteAny end deletebegin insertA end insertfacility licensed pursuant to this chapterbegin delete whichend deletebegin insert thatend insert
31 intends to serve a specific population, such as women, family units,
32minority and ethnic populations, or homosexual men or women,
33shall demonstrate, at the time of application, the ability and
34resources to provide services that are appropriate to the targeted
35population.

36(e) begin deleteNo end deletebegin insertA end insertfacility licensed pursuant to this chapter shallbegin insert notend insert house
37more than 25 residents, except that the director may authorize a
38facility to house up to 50 residents.

39(f) If the administrator is responsible for more than two facilities,
40the facility manager shall meet the qualifications of both the
P24   1administrator and the facility manager, as described in Sections
287864 and 87864.1 of Title 22 of the California Code of
3Regulations.

4(g) Each licensee shall employ additional personnel as necessary
5to meet the needs of the residents and comply with the requirements
6of this chapter and the regulations adopted by the department
7pursuant to this chapter. On-call personnel shall be able to be on
8the facility premises within 30 minutes of the receipt of a telephone
9call.

10begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 121369 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
11amended to read:end insert

12

121369.  

Forbegin delete theend delete purposes of Sections 121365, 121366, and
13121367, all of the following shall apply:

14(a)  If necessary, language interpreters and persons skilled in
15communicating withbegin delete vision and hearing impairedend deletebegin insert vision-impaired
16and deaf or hard-of-hearingend insert
individuals shall be provided in
17accordance with applicable law.

18(b)  begin deleteNothing in those sections shall be construed to end deletebegin insertThose
19 sections do not end insert
permit or require the forcible administration of any
20medication without a prior court order.

21(c)  Any and all orders authorized under those sections shall be
22made by the local health officer. His or her authority to make the
23orders may be delegated to the person in charge of medical
24treatment of inmates in penal institutions within the local health
25officer’s jurisdiction, or pursuant to Section 7. The local health
26officer shall not make any orders incorporating by reference any
27other rules or regulations.

28begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 13835.4 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
29read:end insert

30

13835.4.  

In order to insure the effective delivery of
31comprehensive services to victims and witnesses, a center
32established by an agency receiving funds pursuant to this article
33shall carry out all of the following activities in connection with
34both primary and optional services:

35(a) Translation services for non-English speaking victims and
36witnesses or thebegin delete hearing-impaired.end deletebegin insert deaf or hard of hearing.end insert

37(b) Follow-up contact to determinebegin delete whetherend deletebegin insert ifend insert the client received
38the necessary assistance.

39(c) Field visits to a client’s home, place of business, or other
40location, whenever necessary to provide services.

P25   1(d) Service to victims and witnesses of all types of crime.

2(e) Volunteer participation to encourage community
3involvement.

4(f) Services for elderly victims of crime, appropriate to their
5special needs.

6begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 2881 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
7to read:end insert

8

2881.  

(a) The commission shall design and implement a
9program to provide a telecommunications device capable of serving
10the needs of individuals who are deaf orbegin delete hearing impaired,end deletebegin insert hard
11of hearing,end insert
together with a single party line, at no charge additional
12to the basic exchange rate, to a subscriber who is certified as an
13individual who is deaf orbegin delete hearing impairedend deletebegin insert hard of hearingend insert by a
14licensed physician and surgeon, audiologist, or a qualified state or
15 federal agency, as determined by the commission, and to a
16subscriber that is an organization representing individuals who are
17deaf orbegin delete hearing impaired,end deletebegin insert hard of hearing,end insert as determined and
18specified by the commission pursuant to subdivision (h). A licensed
19hearing aid dispenser may certify the need of an individual to
20participate in the program if that individual has been previously
21fitted with an amplified device by the dispenser and the dispenser
22has the individual’s hearing records on filebegin delete prior toend deletebegin insert beforeend insert
23 certification. In addition, a physician assistant may certify the
24needs of an individual who has been diagnosed by a physician and
25surgeon as being deaf orbegin delete hearing impairedend deletebegin insert hard of hearingend insert to
26participate in the program after reviewing the medical records or
27copies of the medical records containing that diagnosis.

28(b) The commission shall also design and implement a program
29to provide a dual-party relay system, using third-party intervention
30to connect individuals who are deaf orbegin delete hearing impairedend deletebegin insert hard of
31hearingend insert
and offices of organizations representing individuals who
32are deaf orbegin delete hearing impaired,end deletebegin insert hard of hearing,end insert as determined and
33specified by the commission pursuant to subdivision (h), with
34persons of normal hearing by way of intercommunications devices
35for individuals who are deaf orbegin delete hearing impairedend deletebegin insert hard of hearingend insert
36 and the telephone system, making available reasonable access of
37all phases of public telephone service to telephone subscribers who
38are deaf orbegin delete hearing impaired.end deletebegin insert hard of hearing.end insert In order to make a
39dual-party relay system that will meet the requirements of
40individuals who are deaf orbegin delete hearing impairedend deletebegin insert hard of hearingend insert
P26   1 available at a reasonable cost, the commission shall initiate an
2investigation, conduct public hearings to determine the most
3cost-effective method of providing dual-party relay service to the
4deaf orbegin delete hearing impairedend deletebegin insert hard of hearingend insert when using a
5telecommunications device, and solicit the advice, counsel, and
6physical assistance of statewide nonprofit consumer organizations
7of the deaf, during the development and implementation of the
8system. The commission shall apply for certification of this
9program under rules adopted by the Federal Communications
10Commission pursuant to Section 401 of the federal Americans
11with Disabilities Act of 1990 (Public Law 101-336).

12(c) The commission shall also design and implement a program
13whereby specialized or supplemental telephone communications
14equipment may be provided to subscribers who are certified to be
15disabled at no charge additional to the basic exchange rate. The
16certification, including a statement of visual or medical need for
17specialized telecommunications equipment, shall be provided by
18a licensed optometrist, physician and surgeon, or physician
19assistant, acting within the scope of practice of his or her license,
20or by a qualified state or federal agency as determined by the
21commission. The commission shall, in this connection, study the
22feasibility of, and implement, if determined to be feasible, personal
23income criteria, in addition to the certification of disability, for
24determining a subscriber’s eligibility under this subdivision.

25(d) (1) The commission shall also design and implement a
26program to provide access to a speech-generating device to any
27subscriber who is certified as having a speech disability at no
28charge additional to the basic exchange rate. The certification shall
29be provided by a licensed physician, licensed speech-language
30pathologist, or qualified state or federal agency. The commission
31shall provide to a certified subscriber access to a speech-generating
32device that is all of the following:

33(A) A telecommunications device or a device that includes a
34telecommunications component.

35(B) Appropriate to meet the subscriber’s needs for access to,
36and use of, the telephone network, based on the recommendation
37of a licensed speech-language pathologist.

38(C) Consistent with the quality of speech-generating devices
39available for purchase in the state.

P27   1(2) The commission shall adopt rules to implement this
2subdivision and subdivision (e) by January 1, 2014.

3(e) All of the following apply to any device or equipment
4described in this section that is classified as durable medical
5equipment under guidelines established by the United States
6Department of Health and Human Services:

7(1) It is the intent of the Legislature that the commission be the
8provider of last resort and that eligible subscribers first obtain
9coverage from any available public or private insurance.

10(2) The commission may require the subscriber to provide
11information about coverage for any or all of the cost of the device
12or equipment that is available frombegin delete anyend deletebegin insert aend insert public or private
13insurance, the cost to the subscriber ofbegin delete anyend deletebegin insert aend insert deductible,
14copayment, or other relevant expense, and any related benefit cap
15information.

16(3) The total cost ofbegin delete anyend deletebegin insert aend insert device or equipment provided to a
17subscriber under this section shall not exceed the rate of
18reimbursement provided by Medi-Cal for that device or equipment.

19(f) begin deleteNothing in this section requires end deletebegin insertThis section does not require end insert
20the commission to provide training to a subscriber on the use of a
21speech-generating device.

22(g) The commission shall establish a rate recovery mechanism
23through a surcharge not to exceed one-half of 1 percent uniformly
24applied to a subscriber’s intrastate telephone service, other than
25one-way radio paging service and universal telephone service,
26both within a service area and between service areas, to allow
27providers of the equipment and service specified in subdivisions
28begin delete (a), (b), (c), and (d)end deletebegin insert (a) to (d), inclusive,end insert to recover costs as they
29are incurred under this section. The surcharge shall be in effect
30until January 1, 2020. The commission shall require that the
31programs implemented under this section be identified on
32subscribers’ bills, and shall establish a fund and require separate
33accounting for each of the programs implemented under this
34section.

35(h) The commission shall determine and specify those statewide
36organizations representing the deaf orbegin delete hearing impairedend deletebegin insert hard of
37hearingend insert
that shall receive a telecommunications device pursuant
38to subdivisionbegin delete (a)end deletebegin insert (a),end insert or a dual-party relay system pursuant to
39subdivision (b), or both, and in which offices the equipment shall
P28   1be installed in the case of an organization having more than one
2office.

3(i) The commission may direct a telephone corporation subject
4to its jurisdiction to comply with its determinations and
5specifications pursuant to this section.

6(j) The commission shall annually review the surcharge level
7and the balances in the funds established pursuant to subdivision
8(g). Until January 1, 2020, the commission may make, within the
9limits set by subdivision (g),begin delete anyend delete necessary adjustments to the
10surcharge to ensure that the programs supportedbegin delete therebyend deletebegin insert by the
11surchargeend insert
are adequately funded and that the fund balances are
12not excessive. A fund balance that is projected to exceed six
13months’ worth of projected expenses at the end of the fiscal year
14is excessive.

15(k) In order to continue to meet the access needs of individuals
16with functional limitations of hearing, vision, movement,
17manipulation, speech, and interpretation of information, the
18commission shall performbegin insert anend insert ongoing assessment of, and if
19appropriate, expand the scopebegin delete ofend deletebegin insert of,end insert the program to allow for
20additional access capability consistent with evolving
21telecommunications technology.

22(l) The commission shall structure the programs required by
23this section so that a charge imposed to promote the goals of
24universal service reasonably equals the value of the benefits of
25universal service to contributing entities and their subscribers.

26begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 2881.1 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
27to read:end insert

28

2881.1.  

(a) In addition to the requirements of Section 2881,
29the commission shall design and implement a program to provide
30a telecommunications device capable of servicing the needs of the
31deaf or severelybegin delete hearing impaired,end deletebegin insert hard of hearing,end insert together with
32a single party line, at no charge additional to the basic exchange
33rate, to any subscriberbegin delete whichend deletebegin insert thatend insert is an agency of state government
34andbegin delete whichend deletebegin insert thatend insert the commission determines serves a significant
35portion of the deaf or severelybegin delete hearing-impairedend deletebegin insert hard-of-hearingend insert
36 population, and to an office located in the State Capitol and selected
37by the Joint Rules Committee, for purposes of access by the deaf
38or severelybegin delete hearing impairedend deletebegin insert hard of hearingend insert to Members of the
39Legislature.

P29   1(b) The commission shall permit providers of equipment and
2service specified in subdivision (a) to recover costs as they are
3incurred under this section pursuant to subdivision (g) of Section
42881.

5(c) The commission may direct any telephone corporation
6subject to its jurisdiction to comply with its determinations pursuant
7to this section.

8begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 2881.2 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
9to read:end insert

10

2881.2.  

(a) In addition to the requirements of Section 2881,
11the commission shall design and implement a program that shall
12provide for publicly available telecommunications devices capable
13of servicing the needs of the deaf orbegin delete hearing impairedend deletebegin insert hard of
14hearingend insert
in existing buildings, structures, facilities, and public
15accommodations of the type specified in Section 4450 of the
16Government Code and Sections 19955.5 and 19956 of the Health
17and Safety Code, making available reasonable access of all phases
18of public telephone service to individuals who are deaf orbegin delete hearing
19impaired.end delete
begin insert hard of hearing.end insert The commission shall direct the
20appropriate committee under its control to determine and specify
21locations within existing buildings, structures, facilities, and public
22accommodations in need of a telecommunications device and to
23contract for the procurement, installation, and maintenance of these
24devices. In the letting of the contract, the commission shall direct
25the committee to ensure consideration of for-profit and nonprofit
26corporations, including nonprofit corporations with demonstrated
27service to individuals who are deaf orbegin delete hearing impairedend deletebegin insert hard of
28hearingend insert
and whose boards of directors and staff are made up of a
29majority of those individuals. The commission shall also direct
30the committee to seek the cooperation of the owners, managers,
31and tenants of the existing buildings, structures, facilities, and
32public accommodations that have been determined to be in need
33of a telecommunications device with regard to its installation and
34maintenance. The commission shall phase in this program over a
35reasonable period of time, beginning no later than January 1, 1998,
36giving priority to those existing buildings, structures, facilities,
37and public accommodations determined by the commission, with
38the advice and counsel of statewide nonprofit consumer
39organizations for the deaf, to be of most importance and usefulness
40to the deaf orbegin delete hearing impaired.end deletebegin insert hard of hearing.end insert

P30   1(b) The commission shall ensure that costs are recovered as they
2are incurred under this section, including any costs incurred by
3the owners, managers, or tenants of existing buildings, structures,
4facilities, and public accommodations, and shallbegin delete utilizeend deletebegin insert useend insert for this
5purpose the rate recovery mechanism established pursuant to
6subdivision (g) of Section 2881. The commission shall also
7establish a fund and require separate accounting for the program
8implemented under this section and, in addition, shall require that
9the surchargebegin delete utilizedend deletebegin insert usedend insert to fund the program not exceed
10two-hundredths of 1 percent, that it be combined with the surcharge
11required by subdivision (g) of Section 2881, and that it count
12toward the limits set by that subdivision. This surcharge shall be
13in effect until January 1, 2006.

14(c) “Existing buildings, structures, facilities, and public
15accommodations,” forbegin delete theend delete purposes of this section, means those
16buildings, structures, facilities, and public accommodations or
17parts thereof that were constructed or alteredbegin delete prior toend deletebegin insert beforeend insert January
1826, 1993, or are otherwise not required by Section 303 of the
19federal Americans with Disabilities Act of 1990 (P.L. 101-336;
2042 U.S.C. Sec. 12183) or any other section of that act and its
21implementing regulations and guidelines, to have a publicly
22available telecommunications device capable of serving the needs
23of the deaf orbegin delete hearing impaired.end deletebegin insert hard of hearing.end insert

24begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 2881.4 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
25to read:end insert

26

2881.4.  

(a) The Legislature finds and declares all of the
27following:

28(1) Section 278 requires the commission to transfer to the
29Controller for deposit in the Deaf and Disabled
30Telecommunications Program Administrative Committee Fund
31all revenues collected by telephone corporations to fund programs
32to provide specified telecommunications services and equipment
33to deaf, disabled, andbegin delete hearing-impairedend deletebegin insert hard-of-hearingend insert persons,
34as specified in Sections 2881, 2881.1, and 2881.2.

35(2) The commission issued a report to the Legislature in May
362001, addressing compliance issues pertaining to the programs
37specified in Sections 2881, 2881.1, and 2881.2, including a
38recommendation to secure legislative authorization for the
39commission to contract with outside entities for the provision of
P31   1services and equipment mandated by Sections 2881, 2881.1, and
22881.2.

3(3) The telecommunications services and equipment provided
4to deaf, disabled, andbegin delete hearing-impairedend deletebegin insert hard-of-hearingend insert individuals
5and their families, as specified in Sections 2881, 2881.1, and
62881.2, are of such a highly specialized and technical nature that
7the necessary expert knowledge, ability, and experience are not
8available within the current state civil service system.

9(4) It is the intent of the Legislature, in enacting this section, to
10do all of the following:

11(A) Maintain the availability of the state’s current statewide
12infrastructure of telecommunications services and equipment to
13deaf, disabled, andbegin delete hearing-impairedend deletebegin insert hard-of-hearingend insert persons, as
14provided for in Sections 2881, 2881.1, and 2881.2, as essential to
15maintaining public health and safety.

16(B) Authorize the commission to enter into contracts for the
17provision of telecommunications services and equipment for deaf,
18disabled, andbegin delete hearing-impairedend deletebegin insert hard-of-hearingend insert persons in a
19manner that protects and enhances the current statewide
20infrastructure and coordinated delivery of those services and
21equipment and includes a priority for maintaining long-term
22continuity of program administration and maximum involvement
23of the deaf and disabled community in program governance.

24(C) Strengthen program priorities for expanded outreach through
25continuing consultation with, and participation by, the deaf,
26disabled, andbegin delete hearing-impairedend deletebegin insert hard-of-hearingend insert community in
27order to ensure the state’s network of services reach hard-to-serve
28populations, including rural, innercity, and urban areas.

29(D) Develop a mechanism to achieve cost-effective and timely
30deployment of new and emerging telecommunications
31technologies, to the extent fiscally and economically feasible.

32(b) In order for the commission to ensure continued provision
33of telecommunications services and equipment for deaf, disabled,
34andbegin delete hearing-impairedend deletebegin insert hard-of-hearingend insert persons, the commission,
35subject to annual appropriation of funds by the Legislature and
36consistent with state contracting requirements, may contract with
37entities, including nonprofit entities, or persons that have the
38necessary expert knowledge, ability, and experience to provide,
39manage, or operate the programs described in Sections 2881,
402881.1, and 2881.2.

P32   1(c) The commission may enter into contracts pursuant to
2subdivision (b) of Section 19130 of the Government Code for the
3services and equipment contemplated by the programs described
4in Sections 2881, 2881.1, and 2881.2.

5(d) The commission may include provisions that accomplish
6any of the following in contracts authorized by this section:

7(1) Establish standards and procedures, including prior
8commission approval, for subcontracting.

9(2) Establish standards and procedures regarding personnel and
10accounting practices.

11(3) Require budget approval.

12(4) Require periodic audits.

13(5) Monitor performance and establish performance standards
14 and the method of evaluating performance, including remedies for
15unsatisfactory performance.

16(6) Establish standards and procedures to investigate and resolve
17complaints.

18(7) Provide for any other terms or restrictions as the commission
19finds necessary to ensure that the public funds are used in
20accordance with the goals of the Legislature and the commission.

21(e) Notwithstanding any otherbegin delete provision ofend delete law,begin delete anyend deletebegin insert aend insert contract
22entered into pursuant to this section may provide for periodic
23advance payments for telecommunications services to be performed
24or telecommunications equipment to be provided.begin delete No advanceend deletebegin insert An
25advanceend insert
payment made pursuant to this sectionbegin delete mayend deletebegin insert shall notend insert
26 exceed 25 percent of the total annual contract amount.

27(f) Any contractor the commission selects shall demonstrate
28knowledge of and the capacity to provide specialized
29telecommunications services and equipment to deaf, disabled, and
30begin delete hearing-impairedend deletebegin insert hard-of-hearingend insert persons, and shall be required
31to consult with the Telecommunications Access for Deaf and
32Disabled Administrative Committee regarding the specialized
33needs of individualsbegin delete utilizingend deletebegin insert usingend insert program services and
34equipment, as specified in Sections 2881, 2881.1, and 2881.2.

35(g) The commission shall, to the extent feasible and consistent
36with state civil service requirements, employ staff overseeing the
37programs described in Sections 2881, 2881.1, and 2881.2 who are
38members of the deaf, disabled, andbegin delete hearing-impairedend delete
39begin insert hard-of-hearingend insert community.

P33   1begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 11000 of the end insertbegin insertUnemployment Insurance Codeend insert
2
begin insert is amended to read:end insert

3

11000.  

The Legislature finds that over 1.5 million persons in
4California are deaf orbegin delete suffer from significant hearing impairment.end delete
5begin insert significantly hard of hearing.end insert Private and public employment
6agencies are not routinely adapted to meet the communication
7needs of persons who are deaf and hard of hearing and, therefore,
8the services they receive may be less than those provided to other
9persons. The Legislature also finds that employment opportunities
10for persons who are deaf and hard of hearing are increased when
11specialized counseling, interpretive, job placement, and followup
12services supplement conventional employment services. In
13addition, the limited programsbegin delete whichend deletebegin insert thatend insert provide these specialized
14employment services to persons who are deaf and hard of hearing
15have recently been subject to significant local funding reductions.
16Therefore, the Legislature finds that a more stable funding source,
17as provided by this chapter, is necessary to ensure the continuance
18of these programs.

19begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 11003 of the end insertbegin insertUnemployment Insurance Codeend insert
20
begin insert is amended to read:end insert

21

11003.  

(a) The department, with the advice of persons
22knowledgeable about providing employment services to persons
23who are deaf and hard of hearing, shall establish the criteria for
24choosing contractors.

25(b) The criteria shall include, but not be limited to, all of the
26following:

27(1) The ability to provide services to a person who is deaf or
28hard of hearing in the person’s preferred mode of communication.

29(2) The ability to secure community support, including written
30endorsements of local officials, employers, the workforce
31investment board of the local workforce investment area and
32organizations of and for persons who are deaf andbegin delete hearing impaired.end delete
33
begin insert hard of hearing.end insert

34(3) The existence of funding from one or more public or private
35sources.

36(c) Preference shall be given in the selection of a contractor to
37those proposals which demonstrate all of the following:

38(1) Participation of persons who are deaf and hard of hearing
39on the potential contractor’s employment services staff, and in the
40case of a private nonprofit corporation, on the board of directors.

P34   1(2) A commitment to the development and maintenance of
2self-determination for persons who are deaf and hard of hearing.

3begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 11004 of the end insertbegin insertUnemployment Insurance Codeend insert
4
begin insert is amended to read:end insert

5

11004.  

The department shall do all of the following:

6(a) Determine the number and location of its offices within the
7state providing employment services to individuals who are deaf
8and hard of hearing andbegin delete shallend delete decide which offices shall be served
9by contractors given the resources available under this chapter.
10The department shall give priority to offices where contracts are
11necessary in order to prevent or minimize the disruption or the
12discontinuance of employment services to individuals who are
13deaf and hard of hearing which have been provided in conjunction
14with the departmentbegin delete prior toend deletebegin insert beforeend insert July 1, 1984.

15(b) Coordinate the provision of employment services for
16individuals who are deaf and hard of hearing with the State
17Department of Social Services and the Department of
18Rehabilitation so that employment services provided by this chapter
19supplement or provide alternatives to services provided or funded
20by the departments.

21(c) Establish uniform accounting procedures and contracts for
22use with regard to this chapter.

23(d) Promulgate requests for proposals and conduct bidders’
24conferences, and evaluate proposals according to the criteria
25established pursuant to Section 11003.

26(e) begin deleteUtilize end deletebegin insertUse end insertthe definitions of deafness andbegin delete significant hearing
27impairment whichend delete
begin insert significantly hard of hearing thatend insert have been
28used or established by regulation by the State Department of Social
29Services.

30(f) Conduct a management or fiscal audit ofbegin delete anyend deletebegin insert aend insert contract
31whenever it is necessary for proper supervision of that contract.

32(g) Annually consider incorporation of the services described
33in this chapter in the job service plan required by Section 8 of the
34federal Wagner-Peyser Actbegin insert of 1933end insert (29 U.S.C. Sec. 49g).

35(h) Assist contractors in maintaining all of the following
36information:

37(1) The number of persons receiving services.

38(2) A description of the services provided.

39(3) The cost of the services provided.

40(4) The number of persons placed in jobs.

P35   1(5) The number of persons assisted by followup activities.

2(6) The number and qualifications of staff providing the services.

3begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 10559 of the end insertbegin insertWelfare and Institutions Codeend insert
4
begin insert is amended to read:end insert

5

10559.  

begin insert(a)end insertbegin insertend insert There are in the department a division or office
6devoted to carrying out the provisions of this division pertaining
7to the services to the blind and another division or office devoted
8to carrying out the public social services to deaf andbegin delete hearing
9impairedend delete
begin insert hard-of-hearingend insert persons. The divisions or offices shall
10each be headed by a chief, one who is a trained social worker
11 experienced in work for the blind, the other a trained social worker
12or counselor experienced in work for the deaf and begin deletehearing impairedend delete
13begin insert hard of hearingend insert or a person experienced in administering a deaf
14orbegin delete hearing impairedend deletebegin insert hard-of-hearingend insert services program. The duties
15of the division for the blind and its chief shall be confined to
16carrying out the provisions of this division pertaining to services
17to the blind. The duties of the division or office for the deaf and
18begin delete hearing impairedend deletebegin insert hard of hearingend insert shall be confined to carrying out
19the provision of public social services to the deaf andbegin delete hearing
20impaired.end delete
begin insert hard of hearing.end insert Blindness, deafness, orbegin delete hearing
21impairmentend delete
begin insert being hard of hearingend insert shall not be grounds to disqualify
22a person from holding the position of chief of the office or division.
23The divisions or offices shall not be made a part of any other
24division, office, or subdivision of the department. The chiefs of
25the divisions or offices shall be directly responsible to the director.

26begin insert(b)end insertbegin insertend insert The director through the divisions or offices may provide
27consultative services to county personnel administering services
28to the blind, deaf, orbegin delete hearing impairedend deletebegin insert hard of hearingend insert which shall
29include, but not be limited to, information concerning the various
30aspects of blindness, deafness, andbegin delete hearing impairmentend deletebegin insert being hard
31of hearingend insert
and its problems and implications, the rehabilitative
32potential of the blind, deaf andbegin delete hearing impaired,end deletebegin insert hard of hearing,end insert
33 public and private services available, employment opportunities
34for blind, deaf, andbegin delete hearing impairedend deletebegin insert hard-of-hearingend insert persons, and
35concepts in counseling blind, deaf, andbegin delete hearing impairedend delete
36begin insert hard-of-hearingend insert persons.

37begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 10620 of the end insertbegin insertWelfare and Institutions Codeend insert
38
begin insert is amended to read:end insert

39

10620.  

The Legislature finds that over 1.5 million persons in
40California are deaf orbegin delete suffer from significant hearing impairment.end delete
P36   1begin insert are significantly hard of hearing.end insert Basic governmental services are
2not routinely adapted to meet the communication needs of deaf
3andbegin delete hearing impairedend deletebegin insert hard-of-hearingend insert persons and, therefore, the
4services they receive may be less than those provided to other
5persons because of the overwhelming communication problems
6which exist between service agencies and deaf andbegin delete hearing
7impairedend delete
begin insert hard-of-hearingend insert persons.

8begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 10621 of the end insertbegin insertWelfare and Institutions Codeend insert
9
begin insert is amended to read:end insert

10

10621.  

Public social services for the deaf andbegin delete hearing impairedend delete
11begin insert hard of hearingend insert shall include, but not be limited to, the following
12services:

13(a) Complete communication services through interpreter
14services by a professional interpreter for the deaf possessing the
15comprehensive skills certification of the National Registry of
16Interpreters for the Deaf or the equivalent, teletypewriter relay,
17and, when necessary, training in communication skills.

18(b) Advocacy to assure deaf andbegin delete hearing impairedend delete
19begin insert hard-of-hearingend insert persons receive equal access to public and private
20services.

21(c) Job development and job placement.

22(d) Information and referral.

23(e) Counseling, including peer counseling.

24(f) Independent living skills instruction.

25(g) Community education about deafness andbegin delete hearing
26impairment.end delete
begin insert being hard of hearing.end insert

27begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 10622 of the end insertbegin insertWelfare and Institutions Codeend insert
28
begin insert is amended to read:end insert

29

10622.  

Public social services for the deaf andbegin delete hearing impairedend delete
30begin insert hard of hearingend insert shall be available in at least three regions
31throughout the state so that deaf andbegin delete hearing impairedend delete
32begin insert hard-of-hearingend insert personsbegin delete will beend deletebegin insert areend insert able to secure public social
33 services within a reasonable commuting distance. Deaf andbegin delete hearing
34impairedend delete
begin insert hard-of-hearingend insert persons, residing in urban, suburban,
35and rural areas, shall be served.

36begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 10624 of the end insertbegin insertWelfare and Institutions Codeend insert
37
begin insert is amended to read:end insert

38

10624.  

begin insert(a)end insertbegin insertend insert The department, with the advice of persons
39knowledgeable about the provision of public social services to
40deaf andbegin delete hearing impairedend deletebegin insert hard-of-hearingend insert persons, shall establish
P37   1the criteria for funding public social services for the deaf and
2
begin delete hearing impaired.end deletebegin insert hard of hearing.end insert

3begin insert(b)end insertbegin insertend insert The criteria shall include, but shall not be limited to,
4demonstrated need for services, ability to provide services in a
5deaf orbegin delete hearing impairedend deletebegin insert hard-of-hearingend insert person’s preferred mode
6of communication, ability to secure community support, including
7written endorsements of local officials and organizations, including
8organizations of and for the deaf andbegin delete hearing impaired,end deletebegin insert hard of
9hearing,end insert
and funding from one or more public or private sources.
10Special consideration shall be given to the extent to which deaf
11andbegin delete hearing impairedend deletebegin insert hard-of-hearingend insert persons are included in the
12agency’s staff and in the case of a private nonprofit corporation
13on the board of directors.

14begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 10625 of the end insertbegin insertWelfare and Institutions Codeend insert
15
begin insert is amended to read:end insert

16

10625.  

The department shall:

17(a) Determine the number and location of regions of the state
18providing public social services.

19(b) Coordinate the provision of services with the Department
20of Rehabilitation.

21(c) Establish uniform accounting procedures and contracts for
22use with regard to this chapter.

23(d) Promulgate requests for proposals and conduct bidders’
24conferences.

25(e) Establish by regulation the definitions of deafness and
26
begin delete significant hearing impairment.end deletebegin insert significantly hard of hearing.end insert

27(f) Conduct a management or fiscal audit of any contract
28whenever it is necessary for proper supervision of a contract.



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