BILL NUMBER: AB 1709 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
INTRODUCED BY Assembly Member Gallagher
(Coauthors: Assembly Members Kim, Lackey, and Mathis)
(Coauthors: Senators Anderson and Nielsen)
JANUARY 25, 2016
An act to amend Section 754 of the Evidence Code,
relating to courts. 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.
LEGISLATIVE COUNSEL'S DIGEST
AB 1709, as amended, Gallagher. Courts: interpreters:
deaf or hard of hearing. Deaf or hard-of-hearing
individuals.
Existing law, 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. law uses the term "hearing impaired," or a close
variation of that term, in numerous provisions.
This bill would replace the term "hearing impaired" with the term
"hard of hearing." hearing," or a close
variation of "hard of hearing, " and would make additional
technical, nonsubstantive changes in those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54.1 of the Civil
Code is amended to read:
54.1. (a) (1) Individuals with disabilities shall be entitled to
full and equal access, as other members of the general public, to
accommodations, advantages, facilities, medical facilities, including
hospitals, clinics, and physicians' offices, and privileges of all
common carriers, airplanes, motor vehicles, railroad trains,
motorbuses, streetcars, boats, or any other public conveyances or
modes of transportation (whether private, public, franchised,
licensed, contracted, or otherwise provided), telephone facilities,
adoption agencies, private schools, hotels, lodging places, places of
public accommodation, amusement, or resort, and other places to
which the general public is invited, subject only to the conditions
and limitations established by law, or state or federal regulation,
and applicable alike to all persons.
(2) As used in this section, "telephone facilities" means tariff
items and other equipment and services that have been approved by the
Public Utilities Commission to be used by individuals with
disabilities in a manner feasible and compatible with the existing
telephone network provided by the telephone companies.
(3) "Full and equal access," for purposes of this section in its
application to transportation, means access that meets the standards
of Titles II and III of the Americans with Disabilities Act of 1990
(Public Law 101-336) and federal regulations adopted pursuant
thereto, except that, if the laws of this state prescribe higher
standards, it shall mean access that meets those higher standards.
(b) (1) Individuals with disabilities shall be entitled to full
and equal access, as other members of the general public, to all
housing accommodations offered for rent, lease, or compensation in
this state, subject to the conditions and limitations established by
law, or state or federal regulation, and applicable alike to all
persons.
(2) "Housing accommodations" means any real property, or portion
thereof, of real property, that is used
or occupied, or is intended, arranged, or designed to be used or
occupied, as the home, residence, or sleeping place of one or more
human beings, but shall not include any accommodations included
within subdivision (a) or any single-family residence the occupants
of which rent, lease, or furnish for compensation not more than one
room therein. in the residence.
(3) (A) Any A person renting,
leasing, or otherwise providing real property for compensation shall
not refuse to permit an individual with a disability, at that person'
s expense, to make reasonable modifications of the existing rented
premises if the modifications are necessary to afford the person full
enjoyment of the premises. However, any modifications under this
paragraph may be conditioned on the disabled tenant entering into an
agreement to restore the interior of the premises to the condition
existing prior to before the
modifications. No additional security may be required on account of
an election to make modifications to the rented premises under this
paragraph, but the lessor and tenant may negotiate, as part of the
agreement to restore the premises, a provision requiring the disabled
tenant to pay an amount into an escrow account, not to exceed a
reasonable estimate of the cost of restoring the premises.
(B) Any A person renting, leasing, or
otherwise providing real property for compensation shall not refuse
to make reasonable accommodations in rules, policies, practices, or
services, when those accommodations may be necessary to afford
individuals with a disability equal opportunity to use and enjoy the
premises.
(4) Nothing in this subdivision shall This
subdivision does not require any a
person renting, leasing, or providing for compensation real
property to modify his or her property in any way or provide a higher
degree of care for an individual with a disability than for an
individual who is not disabled.
(5) Except as provided in paragraph (6), nothing in this
part shall this part does not require
any a person renting, leasing, or providing for
compensation real property, if that person refuses to accept tenants
who have dogs, to accept as a tenant an individual with a disability
who has a dog.
(6) (A) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for
any a person, firm, or corporation to refuse to
lease or rent housing accommodations to an individual who is blind or
visually impaired on the basis that the individual uses the services
of a guide dog, an individual who is deaf or hearing
impaired hard of hearing on the basis that the
individual uses the services of a signal dog, or to an individual
with any other disability on the basis that the individual uses the
services of a service dog, or to refuse to permit such an individual
who is blind or visually impaired to keep a guide dog, an individual
who is deaf or hearing impaired hard of
hearing to keep a signal dog, or an individual with any other
disability to keep a service dog on the premises.
(B) Except in the normal performance of duty as a mobility or
signal aid, nothing contained in this paragraph shall be
construed to this paragraph does not prevent the
owner of a housing accommodation from establishing terms in a lease
or rental agreement that reasonably regulate the presence of guide
dogs, signal dogs, or service dogs on the premises of a housing
accommodation, nor shall this paragraph be construed to
does this paragraph relieve a tenant from any
liability otherwise imposed by law for real and personal property
damages caused by such a dog when proof of the same
damage exists.
(C) (i) As used in this subdivision, "guide dog" means
any a guide dog that was trained by a person
licensed under Chapter 9.5 (commencing with Section 7200) of Division
3 of the Business and Professions Code or as defined in the
regulations implementing Title III of the Americans with Disabilities
Act of 1990 (Public Law 101-336).
(ii) As used in this subdivision, "signal dog" means any
a dog trained to alert an individual who is deaf
or hearing impaired hard of hearing to
intruders or sounds.
(iii) As used in this subdivision, "service dog" means
any a dog individually trained to the
requirements of the individual with a disability, including, but not
limited to, minimal protection work, rescue work, pulling a
wheelchair, or fetching dropped items.
(7) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for
any a person, firm, or corporation to refuse to
lease or rent housing accommodations to an individual who is blind or
visually impaired, an individual who is deaf or hearing
impaired, hard of hearing, or other individual
with a disability on the basis that the individual with a disability
is partially or wholly dependent upon the income of his or her
spouse, if the spouse is a party to the lease or rental agreement.
Nothing in this subdivision, however, shall
This subdivision does not prohibit a lessor or landlord from
considering the aggregate financial status of an individual with a
disability and his or her spouse.
(c) Visually impaired or blind persons and persons licensed to
train guide dogs for individuals who are visually impaired or blind
pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3
of the Business and Professions Code or guide dogs as defined in the
regulations implementing Title III of the Americans with Disabilities
Act of 1990 (Public Law 101-336), and persons who are deaf or
hearing impaired hard of hearing and
persons authorized to train signal dogs for individuals who are deaf
or hearing impaired, hard of hearing,
and other individuals with a disability and persons authorized to
train service dogs for individuals with a disability, may take dogs,
for the purpose of training them as guide dogs, signal dogs, or
service dogs in any of the places specified in subdivisions (a) and
(b). These persons shall ensure that the dog is on a leash and tagged
as a guide dog, signal dog, or service dog by identification tag
issued by the county clerk, animal control department, or other
agency, as authorized by Chapter 3.5 (commencing with Section 30850)
of Division 14 of the Food and Agricultural Code. In addition, the
person shall be liable for any provable damage done to the premises
or facilities by his or her dog.
(d) A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section, and nothing in this
section shall be construed to does not
limit the access of any person in violation of that act.
(e) Nothing in this section shall This
section does not preclude the requirement of the showing of a
license plate or disabled placard when required by enforcement units
enforcing disabled persons parking violations pursuant to Sections
22507.8 and 22511.8 of the Vehicle Code.
SEC. 2. Section 54.2 of the Civil Code
is amended to read:
54.2. (a) Every individual with a disability has the right to be
accompanied by a guide dog, signal dog, or service dog, especially
trained for the purpose, in any of the places specified in Section
54.1 without being required to pay an extra charge or security
deposit for the guide dog, signal dog, or service dog. However, the
individual shall be liable for any damage done to the premises or
facilities by his or her dog.
(b) Individuals who are blind or otherwise visually impaired and
persons licensed to train guide dogs for individuals who are blind or
visually impaired pursuant to Chapter 9.5 (commencing with Section
7200) of Division 3 of the Business and Professions Code or as
defined in regulations implementing Title III of the Americans with
Disabilities Act of 1990 (Public Law 101-336), and individuals who
are deaf or hearing impaired hard of hearing
and persons authorized to train signal dogs for individuals who
are deaf or hearing impaired, hard of
hearing, and individuals with a disability and persons who are
authorized to train service dogs for the individuals with a
disability may take dogs, for the purpose of training them as guide
dogs, signal dogs, or service dogs in any of the places specified in
Section 54.1 without being required to pay an extra charge or
security deposit for the guide dog, signal dog, or service dog.
However, the person shall be liable for any damage done to the
premises or facilities by his or her dog. These persons shall ensure
the dog is on a leash and tagged as a guide dog, signal dog, or
service dog by an identification tag issued by the county clerk,
animal control department, or other agency, as authorized by Chapter
3.5 (commencing with Section 30850) of Title 14 of the Food and
Agricultural Code.
(c) A violation of the right of an
individual under the Americans with Disabilities Act of 1990 (Public
Law 101-336) also constitutes a violation of this section, and
nothing in this section shall be
construed to does not limit the access of any
person in violation of that act.
(c)
(d) As used in this section, the terms "guide dog,"
"signal dog," and "service dog" have the same meanings as
specified defined in Section 54.1.
(d)
(e) Nothing in this section precludes
This section does not preclude the requirement
of the showing of a license plate or disabled placard when required
by enforcement units enforcing disabled persons parking violations
pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code.
SEC. 3. Section 224 of the Code of
Civil Procedure is amended to read:
224. (a) If a party does not cause the removal by challenge of an
individual juror who is deaf, hearing impaired,
hard of hearing, blind, visually impaired, or speech
impaired and who requires auxiliary services to facilitate
communication, the party shall (1) stipulate to
the presence of a service provider in the jury room during jury
deliberations, and (2) prepare and deliver to the
court proposed jury instructions to the service provider.
(b) As used in this section, "service provider" includes, but is
not limited to, a person who is a sign language interpreter, oral
interpreter, deaf-blind interpreter, reader, or speech interpreter.
If auxiliary services are required during the course of jury
deliberations, the court shall instruct the jury and the service
provider that the service provider for the juror with a disability is
not to participate in the jury's deliberations in any manner except
to facilitate communication between the juror with a disability and
other jurors.
(c) The court shall appoint a service provider whose services are
needed by a juror with a disability to facilitate communication or
participation. A sign language interpreter, oral interpreter, or
deaf-blind interpreter appointed pursuant to this section shall be a
qualified interpreter, as defined in subdivision (f) of Section 754
of the Evidence Code. Service providers appointed by the court under
this subdivision shall be compensated in the same manner as provided
in subdivision (i) of Section 754 of the Evidence Code.
SEC. 4. Section 44265.6 of the
Education Code is amended to read:
44265.6. (a) Upon the request of an employing school district,
county office of education or state special school, the Commission on
Teacher Credentialing shall determine specific requirements for and
issue a one-year specialist instruction emergency permit, solely for
the purpose of instructing deaf or hearing-impaired
hard-of-hearing pupils, to any
a prelingually deaf candidate upon medical or
other appropriate professional verifications.
(b) The applicant is exempted from the requirements in Section
44252 and subdivision (b) of Section 44830.
(c) "Prelingually deaf" means, for purposes of this section, as
having suffered a hearing loss prior to before
three years of age that prevents the processing of linguistic
information through hearing, with or without amplification.
(d) The emergency specialist instruction permit issued under this
section authorizes the holder to teach deaf and
hearing-impaired hard-of-hearing pupils who are
enrolled in state special schools or in special classes for pupils
with hearing impairments. who are deaf or
hard of hearing.
(e) A one-year specialist instruction emergency permit
issued pursuant to subdivision (a) may be reissued at the request of
the employing school district, county office of education or state
special school in accordance with criteria determined by the
Commission on Teacher Credentialing.
SEC. 5. Section 44265.8 of the
Education Code is amended to read:
44265.8. (a) Upon the recommendation of a preliminary credential
preparation program sponsor approved by the Commission on Teacher
Credentialing, the commission shall issue a two-year nonrenewable
preliminary teaching credential or preliminary services credential to
a candidate who is prelingually deaf and meets all of the
requirements in law for the full, pertinent five-year teaching or
services credential pursuant to paragraph (2) of subdivision (a) of
Section 44251, except that the candidate is exempt from compliance
with the state basic skills proficiency testing requirements in
Section 44252 and subdivision (b) of Section 44830.
(b) A credential issued under this section authorizes the holder
to teach or provide services, as authorized by the credential, only
to deaf and hearing-impaired hard-of-hearing
pupils who are enrolled in state special schools or in special
classes for pupils with hearing impairments.
who are deaf or hard of hearing.
(c) For purposes of this section "prelingually deaf" means a
person who suffered hearing loss prior to
before three years of age, which prevents the processing of
linguistic information through hearing, with or without
amplification, if the condition is verified through medical or other
appropriate professional means.
SEC. 6. Section 44265.9 of the
Education Code is amended to read:
44265.9. (a) The Commission on Teacher Credentialing shall
develop criteria to verify the proficiency of any
a holder of a credential issued under Section 44265.8 in
performing the essential functions of his or her position.
(b) The school district, county office of education, or state
special school that employs a holder of a credential issued under
Section 42265.8 shall appoint a three-person panel to verify
proficiency using the criteria the commission develops for this
purpose. The panel shall report its findings to the employing school
district, county office of education, or state special school, which
may adopt those findings.
(c) The panel appointed pursuant to subdivision (b) shall consist
of the following:
(1) A school administrator who is selected by school
administrators of the employing school district, county office of
education, or state special school.
(2) An individual who is the parent of a deaf or
hearing-impaired hard-of-hearing pupil and who
is selected by a school-related parent group.
(3) A teacher or school services provider who holds a credential
to teach or service deaf or hearing-impaired
hard-of-hearing pupils and who is selected by teachers at the
employing school.
(d) The employing school district, county office of education, or
state special school shall ensure that the panel completes the
verification of proficiency within two years after the issuance of
the credential issued under Section 44265.8.
(e) Upon verification of proficiency, as documented by the
employing school district, county office of education, or state
special school, the commission shall issue a credential for the
remainder of the preliminary period pursuant to paragraph (2) of
subdivision (a) of Section 44251 that is limited to providing the
instruction authorized by the credential to deaf and
hearing-impaired hard-of-hearing pupils enrolled
in state special schools or in special classes, or a services
credential for the remainder of the preliminary period that is
limited to the provision of services authorized by the credential for
deaf and hearing-impaired hard-of-hearing
pupils enrolled in state special schools or in special classes.
(f) Upon meeting the requirements for a professional clear
teaching or services credential, the applicant may apply through
their commission-approved professional clear program sponsor for a
professional clear credential that is limited to providing the
instruction or service authorized by the credential to deaf and
hearing-impaired hard-of-hearing pupils
enrolled in state special schools or in special classes.
SECTION 1. SEC. 7. Section 754 of
the Evidence Code is amended to read:
754. (a) As used in this section, "individual who is deaf or hard
of hearing" means an individual with a hearing loss so great as to
prevent his or her understanding language spoken in a normal tone,
but does not include an individual who is hard of hearing provided
with, and able to fully participate in the proceedings through the
use of, an assistive listening system or computer-aided transcription
equipment provided pursuant to Section 54.8 of the Civil Code.
(b) In any a civil or criminal
action, including an action involving a traffic or other infraction,
a small claims court proceeding, a juvenile court proceeding, a
family court proceeding or service, or a proceeding to determine the
mental competency of a person, in any a
court-ordered or court-provided alternative dispute resolution,
including mediation and arbitration, or in an
administrative hearing, where a party or witness is an individual who
is deaf or hard of hearing and the individual who is deaf or hard of
hearing is present and participating, the proceedings
proceeding shall be interpreted in a language
that the individual who is deaf or hard of hearing understands by a
qualified interpreter appointed by the court or other appointing
authority, or as agreed upon.
(c) For purposes of this section, "appointing authority" means a
court, department, board, commission, agency, licensing or
legislative body, or other body for proceedings requiring a qualified
interpreter.
(d) For purposes of this section, "interpreter" includes an oral
interpreter, a sign language interpreter, or a deaf-blind
interpreter, depending upon the needs of the individual who is deaf
or hard of hearing.
(e) For purposes of this section, "intermediary interpreter" means
an individual who is deaf or hard of hearing, or a hearing
individual who is able to assist in providing an accurate
interpretation between spoken English and sign language or between
variants of sign language or between American Sign Language and other
foreign languages by acting as an intermediary between the
individual who is deaf or hard of hearing and the qualified
interpreter.
(f) For purposes of this section, "qualified interpreter" means an
interpreter who has been certified as competent to interpret court
proceedings by a testing organization, agency, or educational
institution approved by the Judicial Council as qualified to
administer tests to court interpreters for individuals who are deaf
or hard of hearing.
(g) If the appointed interpreter is not familiar with the use of
particular signs by the individual who is deaf or hard of hearing or
his or her particular variant of sign language, the court or other
appointing authority shall, in consultation with the individual who
is deaf or hard of hearing or his or her representative, appoint an
intermediary interpreter.
(h) (1) Before July 1, 1992, the Judicial Council shall conduct a
study to establish the guidelines pursuant to which it shall
determine which testing organizations, agencies, or educational
institutions will be approved to administer tests for certification
of court interpreters for individuals who are deaf or hard of
hearing. It is the intent of the Legislature that the study obtain
the widest possible input from the public, including, but not limited
to, educational institutions, the judiciary, linguists, members of
the State Bar, Bar of California, court
interpreters, members of professional interpreting organizations,
and members of the deaf and hard of hearing communities. After
obtaining public comment and completing its study, the Judicial
Council shall publish these guidelines. By January 1, 1997, the
Judicial Council shall approve one or more entities to administer
testing for court interpreters for individuals who are deaf or hard
or hearing. Testing entities may include educational institutions,
testing organizations, joint powers agencies, or public agencies.
(2) Commencing July 1, 1997, court interpreters for individuals
who are deaf or hard of hearing shall meet the qualifications
specified in subdivision (f).
(i) Persons appointed to serve as interpreters under this section
shall be paid, in addition to actual travel costs, the prevailing
rate paid to persons employed by the court to provide other
interpreter services unless such service is considered to be a part
of the person's regular duties as an employee of the state, county,
or other political subdivision of the state. Except as provided in
subdivision (j), payment of the interpreter's fee shall be a charge
against the court. Payment of the interpreter's fee in administrative
proceedings shall be a charge against the appointing board or
authority.
(j) Whenever a peace officer or any other person having a law
enforcement or prosecutorial function in any
a criminal or quasi-criminal investigation or non-court
proceeding questions or otherwise interviews an alleged victim or
witness who demonstrates or alleges deafness or hearing loss, a good
faith effort to secure the services of an interpreter shall be made
without any unnecessary delay, unless either the individual who is
deaf or hard of hearing affirmatively indicates that he or she does
not need or cannot use an interpreter, or an interpreter is not
otherwise required by Title II of the federal Americans with
Disabilities Act of 1990 (Public Law 101-336) and federal regulations
adopted thereunder. Payment of the interpreter's fee shall be a
charge against the county, or other political subdivision of the
state, in which the action is pending.
(k) A statement, written or oral, made by an individual who the
court finds is deaf or hard of hearing in reply to a question of a
peace officer, or any other person having a law enforcement or
prosecutorial function in any a
criminal or quasi-criminal investigation or proceeding, shall not be
used against that individual who is deaf or hard of hearing unless
the question was accurately interpreted and the statement was made
knowingly, voluntarily, and intelligently and was accurately
interpreted, or the court finds that either the individual could not
have used an interpreter or an interpreter was not otherwise required
by Title II of the federal Americans with Disabilities Act of 1990
(Public Law 101-336) and federal regulations adopted thereunder and
that the statement was made knowingly, voluntarily, and
intelligently.
(l) In obtaining services of an interpreter for purposes of
subdivision (j) or (k), priority shall be given to first obtaining a
qualified interpreter.
(m) Nothing in subdivision (j) or (k) shall be deemed to supersede
the requirement of subdivision (b) for use of a qualified
interpreter for an individual who is deaf or hard of hearing
participating as a party or witness in a trial or hearing.
(n) In any an action or proceeding
in which an individual who is deaf or hard of hearing is a
participant, the appointing authority shall not commence
proceedings the action or proceeding until the
appointed interpreter is in full view of and spatially situated to
assure proper communication with the participating individual who is
deaf or hard of hearing.
(o) Each superior court shall maintain a current roster of
qualified interpreters certified pursuant to subdivision (f).
SEC. 8. Section 754.5 of the Evidence
Code is amended to read:
754.5. Whenever an otherwise valid privilege exists between an
individual who is deaf or hearing impaired
hard of hearing and
another person, that privilege is not waived merely because an
interpreter was used to facilitate their communication.
SEC. 9. Section 8593 of the Government
Code is amended to read:
8593. The Office of Emergency Services shall work with advocacy
groups representing the deaf and hearing impaired,
hard of hearing, including, but not limited to, the
California Association of the Deaf and the Coalition of Deaf Access
Providers, California television broadcasters, city and county
emergency services coordinators, and, as appropriate, the Federal
Emergency Management Agency and the Federal Communications
Commission, to improve communication with deaf and
hearing-impaired hard-of-hearing persons during
emergencies, including the use of open captioning by California
television broadcasters when transmitting emergency information.
SEC. 10. Section 8593.2 of the
Government Code is amended to read:
8593.2. The Office of Emergency Services shall investigate the
feasibility of establishing a toll-free 800 telephone hotline,
including TDD (telecommunications device for the deaf) accessibility,
which would be accessible to the public, including deaf,
hearing-impaired, hard-of-hearing, and
non-English speaking persons, for use during nonemergency and
emergency periods to respond to inquiries about emergency
preparedness and disaster status.
SEC. 11. Section 8840 of the Government
Code is amended to read:
8840. For purposes of this article, "eligible radio station"
means a radio station that, at the time of applying for a grant under
this article, meets both of the following requirements:
(a) It has met all of the following requirements for a period of
two years unless another time is specified:
(1) It is licensed by the Federal Communications Commission as a
noncommercial educational station, or is operating under program test
authority pending the grant of a license.
(2) It has its community of license and principal administrative
offices in this state and is not owned, controlled, managed, or
primarily financed by any corporation or entity outside of this
state.
(3) It provides a program service that meets the requirements for
a Community Service Grant from the Corporation for Public
Broadcasting.
(4) It provides significant locally originated programming in its
community of license.
(5) It broadcasts not less than 15 hours per day, 365 days per
year.
(6) It participates in statewide public broadcasting projects.
(7) It has provided, prior to before
its application for a grant under this article, an audited financial
statement for the years on which the grant is based.
(8) It does either of the following:
(A) Meets the criteria for receipt of a Community Service Grant
from the Corporation for Public Broadcasting that were in effect on
June 30, 1995.
(B) Two months prior to before
applying for a grant, the station has a full-time staff of at least
one professional paid not less than the California minimum wage, and
is certified by the council commission
as providing a needed service to its community of license.
(b) It enters into a permanent agreement with the Office of
Emergency Services to dedicate, as necessary, a broadcast channel for
the provision of emergency information, to broadcast that
information, and to ensure that it is presented in a format that
makes it accessible to the deaf, hearing-impaired,
hard-of-hearing, and non-English-speaking populations
throughout its broadcast area, including rural and isolated
populations.
SEC. 12. Section 8841 of the Government
Code is amended to read:
8841. For purposes of this article, "eligible television station"
means a television station that, at the time of applying for a grant
under this article, unless another time is specified, meets all of
the following requirements:
(a) It has met all of the following requirements for a period of
two years:
(1) It is licensed by the Federal Communications Commission as a
noncommercial educational television station, or is operating under
program test authority pending the grant of a license.
(2) It has its community of license and principal administrative
offices in this state, and is not owned, controlled, managed, or
primarily financed by any corporation or entity outside of this
state.
(3) It provides a program service that meets the requirements for
a Community Service Grant from the Corporation for Public
Broadcasting.
(4) It provides substantial and significant locally originated
programming in its community of license.
(5) It broadcasts not less than 2,500 hours per year.
(6) It participates in statewide public broadcasting projects.
(7) It meets the criteria for receipt of a Community Service Grant
or base grant from the Corporation for Public Broadcasting that were
in effect on June 30, 1994.
(8) It has provided, prior to before
its application for a grant under this article, an audited financial
statement for the years on which the grant is based.
(b) It enters into a permanent agreement with the Office of
Emergency Services to dedicate, as necessary, a broadcast channel for
the provision of emergency information, to broadcast that
information, and to ensure that it is presented in a format that
makes it accessible to the deaf, hearing-impaired,
hard-of-hearing, and non-English-speaking populations
throughout its broadcast area, including rural and isolated
populations.
(c) At the time of disbursement of the funds, it certifies in
writing by the station manager or an officer of the licensee that it
has in its public file a plan to address the needs of significant
linguistic minorities in its service area.
SEC. 13. Section 53112 of the
Government Code is amended to read:
53112. (a) All systems shall be designed to meet the specific
requirements of each community and public agency served by the
system. Every system, whether basic or sophisticated, shall be
designed to have the capability of utilizing
using at least three of the methods specified in Sections 53103
to 53106, inclusive, in response to emergency calls. The Legislature
finds and declares that the most critical aspect of the design of
any system is the procedure established for handling a telephone
request for emergency services.
(b) In addition, to maximize efficiency and utilization
use of the system, all pay telephones within
each system shall, by December 31, 1985,
shall enable a caller to dial "911" for emergency services, and
to reach an operator by dialing "0", without the necessity of
inserting a coin. At those "911" public safety answering points
serving an area where 5 percent or more of the population, in
accordance with the latest United States census information, speak a
specific primary language other than English, operators who speak
each such other language, in addition to English, shall be on duty or
available through interagency telephone conference procedures at all
times for "911" emergency services.
(c) In addition, all systems shall require installation of a
telecommunications device capable of servicing the needs of the deaf
or severely hearing impaired hard of hearing
at the "911" public safety answering point or points. The
device shall be compatible with devices furnished by telephone
corporations pursuant to Section 2881 of the Public Utilities Code.
SEC. 14. Section 68560.5 of the
Government Code is amended to read:
68560.5. As used in this article:
(a) "Court proceeding" means a civil, criminal, or juvenile
proceeding, or a deposition in a civil case filed in a court of
record. However, "court proceeding" does not include a small claims
proceeding.
(b) "Interpreter" does not include (1) an
interpreter qualified under Section 754 of the Evidence Code to
interpret for deaf or hearing impaired
hard-of-hearing persons, or (2) an
interpreter qualified for administrative hearings or noncourt
settings under Article 8 (commencing with Section 11435.05) of
Chapter 4.5 of Part 1 of Division 3 of Title 2.
SEC. 15. Section 84507 of the
Government Code is amended to read:
84507. Any A disclosure statement
required by this article shall be printed clearly and legibly in no
less than 14-point, bold, sans serif type font and in a conspicuous
manner as defined by the commission or, if the communication is
broadcast, the information shall be spoken so as to be clearly
audible and understood by the intended public and otherwise
appropriately conveyed for the hearing impaired.
deaf or hard of hearing.
SEC. 16. Section 1259 of the Health and
Safety Code is amended to read:
1259. (a) (1) The Legislature finds and declares that California
is becoming a land of people whose languages and cultures give the
state a global quality. The Legislature further finds and declares
that access to basic health care services is the right of every
resident of the state, and that access to information regarding basic
health care services is an essential element of that right.
(2) Therefore, it is the intent of the Legislature that when
language or communication barriers exist between patients and the
staff of any general acute care hospital, arrangements shall be made
for interpreters or bilingual professional staff to ensure adequate
and speedy communication between patients and staff.
(b) As used in this section:
(1) "Interpreter" means a person fluent in English and in the
necessary second language, who can accurately speak, read, and
readily interpret the necessary second language, or a person who can
accurately sign and read sign language. Interpreters shall have the
ability to translate the names of body parts and to describe
competently symptoms and injuries in both languages. Interpreters may
include members of the medical or professional staff.
(2) "Language or communication barriers" means:
(A) With respect to spoken language, barriers that are
experienced by individuals who are limited-English-speaking or
non-English-speaking individuals who speak the same primary language
and who comprise at least 5 percent of the population of the
geographical area served by the hospital or of the actual patient
population of the hospital. In cases of dispute, the state department
shall determine, based on objective data, whether the 5 percent
population standard applies to a given hospital.
(B) With respect to sign language, barriers that are experienced
by individuals who are deaf and whose primary language is sign
language.
(c) To ensure access to health care information and services for
limited-English-speaking or non-English-speaking residents and deaf
residents, licensed general acute care hospitals shall:
(1) Review existing policies regarding interpreters for patients
with limited-English proficiency and for patients who are deaf,
including the availability of staff to act as interpreters.
(2) (A) (i) Adopt and review annually a policy for providing
language assistance services to patients with language or
communication barriers. The policy shall include procedures for
providing, to the extent possible, as determined by the hospital, the
use of an interpreter whenever a language or communication barrier
exists, except when the patient, after being informed of the
availability of the interpreter service, chooses to use a family
member or friend who volunteers to interpret. The procedures shall be
designed to maximize efficient use of interpreters and minimize
delays in providing interpreters to patients. The procedures shall
ensure, to the extent possible, as determined by the hospital, that
interpreters are available, either on the premises or accessible by
telephone, 24 hours a day.
(ii) The hospital shall, on or before July 1, 2016, and every
January 1 thereafter, make the updated policy and a notice of
availability of language assistance services available to the public
on its Internet Web site. The notice shall be in English and in the
other languages most commonly spoken in the hospital's service area.
For purposes of this paragraph, the hospital shall make the notice
available in the language of individuals who meet the definition of
having a language barrier pursuant to subparagraph (A) of paragraph
(2) of subdivision (b); however, a hospital is not required to make
the notice available in more than five languages other than English.
(B) (i) The hospital shall, on or before July 1, 2016, and every
January 1 thereafter, transmit to the state department a
copy of the updated policy and shall include a description of its
efforts to ensure adequate and speedy communication between patients
with language or communication barriers and staff.
(ii) The state department shall make the updated policy
available to the public on its Internet Web site.
(3) Develop, and post in conspicuous locations, notices that
advise patients and their families of the availability of
interpreters, the procedure for obtaining an interpreter and the
telephone numbers where complaints may be filed concerning
interpreter service problems, including, but not limited to, a T.D.D.
number for the hearing impaired. deaf or
hard of hearing. The notices shall be posted, at a minimum, in
the emergency room, the admitting area, the entrance, and in
outpatient areas. Notices shall inform patients that interpreter
services are available upon request, shall list the languages for
which interpreter services are available, shall instruct patients to
direct complaints regarding interpreter services to the state
department, and shall provide the local address and telephone number
of the state department, including, but not limited to, a T.D.D.
number for the hearing impaired. deaf or hard
of hearing.
(4) Identify and record a patient's primary language and dialect
on one or more of the following: patient medical chart, hospital
bracelet, bedside notice, or nursing card.
(5) Prepare and maintain as needed a list of interpreters who
have been identified as proficient in sign language and in the
languages of the population of the geographical area serviced who
have the ability to translate the names of body parts, injuries, and
symptoms.
(6) Notify employees of the hospital's commitment to provide
interpreters to all patients who request them.
(7) Review all standardized written forms, waivers, documents,
and informational materials available to patients upon admission to
determine which to translate into languages other than English.
(8) Consider providing its nonbilingual staff with standardized
picture and phrase sheets for use in routine communications with
patients who have language or communication barriers.
(9) Consider developing community liaison groups to enable the
hospital and the limited-English-speaking and deaf communities to
ensure the adequacy of the interpreter services.
(d) Noncompliance with this section shall be reportable to
licensing authorities.
(e) Section 1290 shall does not
apply to this section.
SEC. 17. Section 1373.65 of the Health
and Safety Code is amended to read:
1373.65. (a) At least 75 days prior to
before the termination date of its contract with a provider
group or a general acute care hospital, the health care service plan
shall submit an enrollee block transfer filing to the department that
includes the written notice the plan proposes to send to affected
enrollees. The plan may not send this notice to enrollees until the
department has reviewed and approved its content. If the department
does not respond within seven days of the date of its receipt of the
filing, the notice shall be deemed approved.
(b) At least 60 days prior to before
the termination date of a contract between a health care service
plan and a provider group or a general acute care hospital, the plan
shall send the written notice described in subdivision (a) by United
States mail to enrollees who are assigned to the terminated provider
group or hospital. A plan that is unable to comply with the timeframe
because of exigent circumstances shall apply to the department for a
waiver. The plan is excused from complying with this requirement
only if its waiver application is granted by the department or the
department does not respond within seven days of the date of its
receipt of the waiver application. If the terminated provider is a
hospital and the plan assigns enrollees to a provider group with
exclusive admitting privileges to the hospital, the plan shall send
the written notice to each enrollee who is a member of the provider
group and who resides within a 15-mile radius of the terminated
hospital. If the plan operates as a preferred provider organization
or assigns members to a provider group with admitting privileges to
hospitals in the same geographic area as the terminated hospital, the
plan shall send the written notice to all enrollees who reside
within a 15-mile radius of the terminated hospital.
(c) The health care service plan shall send enrollees of a
preferred provider organization the written notice required by
subdivision (b) only if the terminated provider is a general acute
care hospital.
(d) If an individual provider terminates his or her contract or
employment with a provider group that contracts with a health care
service plan, the plan may require that the provider group send the
notice required by subdivision (b).
(e) If, after sending the notice required by subdivision (b), a
health care service plan reaches an agreement with a terminated
provider to renew or enter into a new contract or to not terminate
their contract, the plan shall offer each affected enrollee the
option to return to that provider. If an affected enrollee does not
exercise this option, the plan shall reassign the enrollee to another
provider.
(f) A health care service plan and a provider shall include in all
written, printed, or electronic communications sent to an enrollee
that concern the contract termination or block transfer, the
following statement in not less than 8-point type: "If you have been
receiving care from a health care provider, you may have a right to
keep your provider for a designated time period. Please contact your
HMO's customer service department, and if you have further questions,
you are encouraged to contact the Department of Managed Health Care,
which protects HMO consumers, by telephone at its toll-free number,
1-888-HMO-2219, or at a TDD number for the hearing impaired
deaf or hard of hearing at 1-877-688-9891, or
online at www.hmohelp.ca.gov."
(g) For purposes of this section, "provider group" means a medical
group, independent practice association, or any other similar
organization.
SEC. 18. Section 1568.02 of the Health
and Safety Code is amended to read:
1568.02. (a) (1) The department shall license residential care
facilities for persons with chronic, life-threatening illness under a
separate category.
(2) A residential care facility for persons with chronic,
life-threatening illness may allow a person who has been diagnosed by
his or her physician or surgeon as terminally ill, as defined in
subdivision ( l ) of Section 1568.01, to become a resident
of the facility if the person receives hospice services from a
hospice certified in accordance with federal Medicare conditions of
participation and is licensed pursuant to Chapter 8 (commencing with
Section 1725) or Chapter 8.5 (commencing with Section 1745).
(b) The licensee of every facility required to be licensed
pursuant to this chapter shall provide the following basic services
for each resident:
(1) Room and board. No more than two residents shall share a
bedroom, except that the director, in his or her discretion, may
waive this limitation.
(2) Access to adequate common areas, including recreation areas
and shared kitchen space with adequate refrigerator space for the
storage of medications.
(3) Consultation with a nutritionist, including consultation on
cultural dietary needs.
(4) Personal care services, as needed, including, but not limited
to, activities of daily living. A facility may have a written
agreement with another agency to provide personal care services,
except that the facility shall be responsible for meeting the
personal care needs of each resident.
(5) Access to case management for social services. A facility may
have a written agreement with another agency to provide case
management.
(6) Development, implementation, and monitoring of an individual
services plan. All health services components of the plan shall be
developed and monitored in coordination with the home health agency
or hospice agency and shall reflect the elements of the resident's
plan of treatment developed by the home health agency or hospice
agency.
(7) Intake and discharge procedures, including referral to
outplacement resources.
(8) Access to psychosocial support services.
(9) Access to community-based and county services system.
(10) Access to a social and emotional support network of the
resident's own choosing, within the context of reasonable visitation
rules established by the facility.
(11) Access to intermittent home health care services in
accordance with paragraph (1) of subdivision (c).
(12) Access to substance abuse services in accordance with
paragraph (3) of subdivision (c).
(13) Adequate securable storage space for personal items.
(c) The licensee of every facility required to be licensed
pursuant to this chapter shall demonstrate, at the time of
application, all of the following:
(1) Written agreement with a licensed home health agency or
hospice agency. Resident information may be shared between the home
health agency or hospice agency and the residential care facility for
persons a person with a
chronic, life-threatening illness relative to the resident's medical
condition and the care and treatment provided to the resident by the
home health agency or hospice agency, including, but not limited to,
medical information, as defined by the Confidentiality of Medical
Information Act, Part 2.6 (commencing with Section 56) of Division 1
of the Civil Code. Any regulations, policies, or procedures related
to sharing resident information and development of protocols,
established by the department pursuant to this section, shall be
developed in consultation with the State Department of Health
Care Services and persons representing home health agencies,
hospice agencies, and residential care facilities for persons with
chronic, life-threatening illness.
(2) Written agreement with a psychosocial services agency, unless
the services are provided by the facility's professional staff.
(3) Written agreement with a substance abuse agency, unless the
services are provided by the facility's professional staff.
(4) Ability to provide linguistic services for residents who do
not speak English.
(5) Ability to provide culturally appropriate services.
(6) Ability to reasonably accommodate residents with physical
disabilities, including, but not limited to, residents with motor
impairments, physical access to areas of the facility
utilized used by residents, and access to
interpreters for hearing-impaired deaf or
hard-of-hearing residents.
(7) Written nondiscrimination policy
policy, which shall be posted in a conspicuous place in the
facility.
(8) Written policy on drug and alcohol use, including, but not
limited to, a prohibition on the use of illegal substances.
(d) Any A facility
licensed pursuant to this chapter which that
intends to serve a specific population, such as women, family
units, minority and ethnic populations, or homosexual men or women,
shall demonstrate, at the time of application, the ability and
resources to provide services that are appropriate to the targeted
population.
(e) No A facility licensed pursuant
to this chapter shall not house more than 25 residents,
except that the director may authorize a facility to house up to 50
residents.
(f) If the administrator is responsible for more than two
facilities, the facility manager shall meet the qualifications of
both the administrator and the facility manager, as described in
Sections 87864 and 87864.1 of Title 22 of the California Code of
Regulations.
(g) Each licensee shall employ additional personnel as necessary
to meet the needs of the residents and comply with the requirements
of this chapter and the regulations adopted by the department
pursuant to this chapter. On-call personnel shall be able to be on
the facility premises within 30 minutes of the receipt of a telephone
call.
SEC. 19. Section 121369 of the Health
and Safety Code is amended to read:
121369. For the purposes of Sections 121365,
121366, and 121367, all of the following shall apply:
(a) If necessary, language interpreters and persons skilled in
communicating with vision and hearing impaired
vision-impaired and deaf or hard-of-hearing individuals
shall be provided in accordance with applicable law.
(b) Nothing in those sections shall be construed to
Those sections do not permit or
require the forcible administration of any medication without a prior
court order.
(c) Any and all orders authorized under those sections shall be
made by the local health officer. His or her authority to make the
orders may be delegated to the person in charge of medical treatment
of inmates in penal institutions within the local health officer's
jurisdiction, or pursuant to Section 7. The local health officer
shall not make any orders incorporating by reference any other rules
or regulations.
SEC. 20. Section 13835.4 of the Penal
Code is amended to read:
13835.4. In order to insure the effective delivery of
comprehensive services to victims and witnesses, a center established
by an agency receiving funds pursuant to this article shall carry
out all of the following activities in connection with both primary
and optional services:
(a) Translation services for non-English speaking victims and
witnesses or the hearing-impaired. deaf or
hard of hearing.
(b) Follow-up contact to determine whether
if the client received the necessary assistance.
(c) Field visits to a client's home, place of business, or other
location, whenever necessary to provide services.
(d) Service to victims and
witnesses of all types of crime.
(e) Volunteer participation to encourage community involvement.
(f) Services for elderly victims of crime, appropriate to their
special needs.
SEC. 21. Section 2881 of the Public
Utilities Code is amended to read:
2881. (a) The commission shall design and implement a program to
provide a telecommunications device capable of serving the needs of
individuals who are deaf or hearing impaired,
hard of hearing, together with a single party line, at no
charge additional to the basic exchange rate, to a subscriber who is
certified as an individual who is deaf or hearing impaired
hard of hearing by a licensed physician and
surgeon, audiologist, or a qualified state or federal agency, as
determined by the commission, and to a subscriber that is an
organization representing individuals who are deaf or
hearing impaired, hard of hearing, as determined
and specified by the commission pursuant to subdivision (h). A
licensed hearing aid dispenser may certify the need of an individual
to participate in the program if that individual has been previously
fitted with an amplified device by the dispenser and the dispenser
has the individual's hearing records on file prior to
before certification. In addition, a physician
assistant may certify the needs of an individual who has been
diagnosed by a physician and surgeon as being deaf or
hearing impaired hard of hearing to participate
in the program after reviewing the medical records or copies of the
medical records containing that diagnosis.
(b) The commission shall also design and implement a program to
provide a dual-party relay system, using third-party intervention to
connect individuals who are deaf or hearing impaired
hard of hearing and offices of organizations
representing individuals who are deaf or hearing impaired,
hard of hearing, as determined and specified by
the commission pursuant to subdivision (h), with persons of normal
hearing by way of intercommunications devices for individuals who are
deaf or hearing impaired hard of hearing
and the telephone system, making available reasonable access of
all phases of public telephone service to telephone subscribers who
are deaf or hearing impaired. hard of
hearing. In order to make a dual-party relay system that will
meet the requirements of individuals who are deaf or hearing
impaired hard of hearing available at a
reasonable cost, the commission shall initiate an investigation,
conduct public hearings to determine the most cost-effective method
of providing dual-party relay service to the deaf or hearing
impaired hard of hearing when using a
telecommunications device, and solicit the advice, counsel, and
physical assistance of statewide nonprofit consumer organizations of
the deaf, during the development and implementation of the system.
The commission shall apply for certification of this program under
rules adopted by the Federal Communications Commission pursuant to
Section 401 of the federal Americans with Disabilities Act of 1990
(Public Law 101-336).
(c) The commission shall also design and implement a program
whereby specialized or supplemental telephone communications
equipment may be provided to subscribers who are certified to be
disabled at no charge additional to the basic exchange rate. The
certification, including a statement of visual or medical need for
specialized telecommunications equipment, shall be provided by a
licensed optometrist, physician and surgeon, or physician assistant,
acting within the scope of practice of his or her license, or by a
qualified state or federal agency as determined by the commission.
The commission shall, in this connection, study the feasibility of,
and implement, if determined to be feasible, personal income
criteria, in addition to the certification of disability, for
determining a subscriber's eligibility under this subdivision.
(d) (1) The commission shall also design and implement a program
to provide access to a speech-generating device to any subscriber who
is certified as having a speech disability at no charge additional
to the basic exchange rate. The certification shall be provided by a
licensed physician, licensed speech-language pathologist, or
qualified state or federal agency. The commission shall provide to a
certified subscriber access to a speech-generating device that is all
of the following:
(A) A telecommunications device or a device that includes a
telecommunications component.
(B) Appropriate to meet the subscriber's needs for access to, and
use of, the telephone network, based on the recommendation of a
licensed speech-language pathologist.
(C) Consistent with the quality of speech-generating devices
available for purchase in the state.
(2) The commission shall adopt rules to implement this subdivision
and subdivision (e) by January 1, 2014.
(e) All of the following apply to any device or equipment
described in this section that is classified as durable medical
equipment under guidelines established by the United States
Department of Health and Human Services:
(1) It is the intent of the Legislature that the commission be the
provider of last resort and that eligible subscribers first obtain
coverage from any available public or private insurance.
(2) The commission may require the subscriber to provide
information about coverage for any or all of the cost of the device
or equipment that is available from any a
public or private insurance, the cost to the subscriber of
any a deductible, copayment, or other
relevant expense, and any related benefit cap information.
(3) The total cost of any a device
or equipment provided to a subscriber under this section shall not
exceed the rate of reimbursement provided by Medi-Cal for that device
or equipment.
(f) Nothing in this section requires This
section does not require the commission to provide
training to a subscriber on the use of a speech-generating device.
(g) The commission shall establish a rate recovery mechanism
through a surcharge not to exceed one-half of 1 percent uniformly
applied to a subscriber's intrastate telephone service, other than
one-way radio paging service and universal telephone service, both
within a service area and between service areas, to allow providers
of the equipment and service specified in subdivisions (a),
(b), (c), and (d) (a) to (d), inclusive, to
recover costs as they are incurred under this section. The surcharge
shall be in effect until January 1, 2020. The commission shall
require that the programs implemented under this section be
identified on subscribers' bills, and shall establish a fund and
require separate accounting for each of the programs implemented
under this section.
(h) The commission shall determine and specify those statewide
organizations representing the deaf or hearing impaired
hard of hearing that shall receive a
telecommunications device pursuant to subdivision (a)
(a), or a dual-party relay system pursuant to
subdivision (b), or both, and in which offices the equipment shall be
installed in the case of an organization having more than one
office.
(i) The commission may direct a telephone corporation subject to
its jurisdiction to comply with its determinations and specifications
pursuant to this section.
(j) The commission shall annually review the surcharge level and
the balances in the funds established pursuant to subdivision (g).
Until January 1, 2020, the commission may make, within the limits set
by subdivision (g), any necessary adjustments to
the surcharge to ensure that the programs supported thereby
by the surcharge are adequately funded and that
the fund balances are not excessive. A fund balance that is projected
to exceed six months' worth of projected expenses at the end of the
fiscal year is excessive.
(k) In order to continue to meet the access needs of individuals
with functional limitations of hearing, vision, movement,
manipulation, speech, and interpretation of information, the
commission shall perform an ongoing assessment of, and if
appropriate, expand the scope of of,
the program to allow for additional access capability consistent with
evolving telecommunications technology.
(l) The commission shall structure the programs required by this
section so that a charge imposed to promote the goals of universal
service reasonably equals the value of the benefits of universal
service to contributing entities and their subscribers.
SEC. 22. Section 2881.1 of the Public
Utilities Code is amended to read:
2881.1. (a) In addition to the requirements of Section 2881, the
commission shall design and implement a program to provide a
telecommunications device capable of servicing the needs of the deaf
or severely hearing impaired, hard of
hearing, together with a single party line, at no charge
additional to the basic exchange rate, to any subscriber
which that is an agency of state government and
which that the commission determines
serves a significant portion of the deaf or severely
hearing-impaired hard-of-hearing population, and
to an office located in the State Capitol and selected by the Joint
Rules Committee, for purposes of access by the deaf or severely
hearing impaired hard of hearing to
Members of the Legislature.
(b) The commission shall permit providers of equipment and service
specified in subdivision (a) to recover costs as they are incurred
under this section pursuant to subdivision (g) of Section 2881.
(c) The commission may direct any telephone corporation subject to
its jurisdiction to comply with its determinations pursuant to this
section.
SEC. 23. Section 2881.2 of the Public
Utilities Code is amended to read:
2881.2. (a) In addition to the requirements of Section 2881, the
commission shall design and implement a program that shall provide
for publicly available telecommunications devices capable of
servicing the needs of the deaf or hearing impaired
hard of hearing in existing buildings,
structures, facilities, and public accommodations of the type
specified in Section 4450 of the Government Code and Sections 19955.5
and 19956 of the Health and Safety Code, making available reasonable
access of all phases of public telephone service to individuals who
are deaf or hearing impaired. hard of
hearing. The commission shall direct the appropriate committee
under its control to determine and specify locations within existing
buildings, structures, facilities, and public accommodations in need
of a telecommunications device and to contract for the procurement,
installation, and maintenance of these devices. In the letting of the
contract, the commission shall direct the committee to ensure
consideration of for-profit and nonprofit corporations, including
nonprofit corporations with demonstrated service to individuals who
are deaf or hearing impaired hard of hearing
and whose boards of directors and staff are made up of a
majority of those individuals. The commission shall also direct the
committee to seek the cooperation of the owners, managers, and
tenants of the existing buildings, structures, facilities, and public
accommodations that have been determined to be in need of a
telecommunications device with regard to its installation and
maintenance. The commission shall phase in this program over a
reasonable period of time, beginning no later than January 1, 1998,
giving priority to those existing buildings, structures, facilities,
and public accommodations determined by the commission, with the
advice and counsel of statewide nonprofit consumer organizations for
the deaf, to be of most importance and usefulness to the deaf or
hearing impaired. hard of hearing.
(b) The commission shall ensure that costs are recovered as they
are incurred under this section, including any costs incurred by the
owners, managers, or tenants of existing buildings, structures,
facilities, and public accommodations, and shall utilize
use for this purpose the rate recovery mechanism
established pursuant to subdivision (g) of Section 2881. The
commission shall also establish a fund and require separate
accounting for the program implemented under this section and, in
addition, shall require that the surcharge utilized
used to fund the program not exceed
two-hundredths of 1 percent, that it be combined with the surcharge
required by subdivision (g) of Section 2881, and that it count toward
the limits set by that subdivision. This surcharge shall be in
effect until January 1, 2006.
(c) "Existing buildings, structures, facilities, and public
accommodations," for the purposes of this section,
means those buildings, structures, facilities, and public
accommodations or parts thereof that were constructed or altered
prior to before January 26, 1993, or
are otherwise not required by Section 303 of the federal Americans
with Disabilities Act of 1990 (P.L. 101-336; 42 U.S.C. Sec. 12183) or
any other section of that act and its implementing regulations and
guidelines, to have a publicly available telecommunications device
capable of serving the needs of the deaf or hearing
impaired. hard of hearing.
SEC. 24. Section 2881.4 of the Public
Utilities Code is amended to read:
2881.4. (a) The Legislature finds and declares all of the
following:
(1) Section 278 requires the commission to transfer to the
Controller for deposit in the Deaf and Disabled Telecommunications
Program Administrative Committee Fund all revenues collected by
telephone corporations to fund programs to provide specified
telecommunications services and equipment to deaf, disabled, and
hearing-impaired hard-of-hearing
persons, as specified in Sections 2881, 2881.1, and 2881.2.
(2) The commission issued a report to the Legislature in May 2001,
addressing compliance issues pertaining to the programs specified in
Sections 2881, 2881.1, and 2881.2, including a recommendation to
secure legislative authorization for the commission to contract with
outside entities for the provision of services and equipment mandated
by Sections 2881, 2881.1, and 2881.2.
(3) The telecommunications services and equipment provided to
deaf, disabled, and hearing-impaired
hard-of-hearing individuals and their families, as specified in
Sections 2881, 2881.1, and 2881.2, are of such a highly specialized
and technical nature that the necessary expert knowledge, ability,
and experience are not available within the current state civil
service system.
(4) It is the intent of the Legislature, in enacting this section,
to do all of the following:
(A) Maintain the availability of the state's current statewide
infrastructure of telecommunications services and equipment to deaf,
disabled, and hearing-impaired
hard-of-hearing persons, as provided for in Sections 2881,
2881.1, and 2881.2, as essential to maintaining public health and
safety.
(B) Authorize the commission to enter into contracts for the
provision of telecommunications services and equipment for deaf,
disabled, and hearing-impaired
hard-of-hearing persons in a manner that protects and enhances
the current statewide infrastructure and coordinated delivery of
those services and equipment and includes a priority for maintaining
long-term continuity of program administration and maximum
involvement of the deaf and disabled community in program governance.
(C) Strengthen program priorities for expanded outreach through
continuing consultation with, and participation by, the deaf,
disabled, and hearing-impaired
hard-of-hearing community in order to ensure the state's
network of services reach hard-to-serve populations, including rural,
innercity, and urban areas.
(D) Develop a mechanism to achieve cost-effective and timely
deployment of new and emerging telecommunications technologies, to
the extent fiscally and economically feasible.
(b) In order for the commission to ensure continued provision of
telecommunications services and equipment for deaf, disabled, and
hearing-impaired hard- of-hearing
persons, the commission, subject to annual appropriation of
funds by the Legislature and consistent with state contracting
requirements, may contract with entities, including nonprofit
entities, or persons that have the necessary expert knowledge,
ability, and experience to provide, manage, or operate the programs
described in Sections 2881, 2881.1, and 2881.2.
(c) The commission may enter into contracts pursuant to
subdivision (b) of Section 19130 of the Government Code for the
services and equipment contemplated by the programs described in
Sections 2881, 2881.1, and 2881.2.
(d) The commission may include provisions that accomplish any of
the following in contracts authorized by this section:
(1) Establish standards and procedures, including prior commission
approval, for subcontracting.
(2) Establish standards and procedures regarding personnel and
accounting practices.
(3) Require budget approval.
(4) Require periodic audits.
(5) Monitor performance and establish performance standards and
the method of evaluating performance, including remedies for
unsatisfactory performance.
(6) Establish standards and procedures to investigate and resolve
complaints.
(7) Provide for any other terms or restrictions as the commission
finds necessary to ensure that the public funds are used in
accordance with the goals of the Legislature and the commission.
(e) Notwithstanding any other provision of law,
any a contract entered into pursuant
to this section may provide for periodic advance payments for
telecommunications services to be performed or telecommunications
equipment to be provided. No advance An
advance payment made pursuant to this section may
shall not exceed 25 percent of the total annual
contract amount.
(f) Any contractor the commission selects shall demonstrate
knowledge of and the capacity to provide specialized
telecommunications services and equipment to deaf, disabled, and
hearing-impaired hard-of-hearing
persons, and shall be required to consult with the Telecommunications
Access for Deaf and Disabled Administrative Committee regarding the
specialized needs of individuals utilizing
using program services and equipment, as specified in Sections
2881, 2881.1, and 2881.2.
(g) The commission shall, to the extent feasible and consistent
with state civil service requirements, employ staff overseeing the
programs described in Sections 2881, 2881.1, and 2881.2 who are
members of the deaf, disabled, and hearing-impaired
hard -of-hearing community.
SEC. 25. Section 11000 of the
Unemployment Insurance Code is amended to read:
11000. The Legislature finds that over 1.5 million persons in
California are deaf or suffer from significant hearing
impairment. significantly hard of hearing.
Private and public employment agencies are not routinely adapted to
meet the communication needs of persons who are deaf and hard of
hearing and, therefore, the services they receive may be less than
those provided to other persons. The Legislature also finds that
employment opportunities for persons who are deaf and hard of hearing
are increased when specialized counseling, interpretive, job
placement, and followup services supplement conventional employment
services. In addition, the limited programs which
that provide these specialized employment services to
persons who are deaf and hard of hearing have recently been subject
to significant local funding reductions. Therefore, the Legislature
finds that a more stable funding source, as provided by this chapter,
is necessary to ensure the continuance of these programs.
SEC. 26. Section 11003 of the
Unemployment Insurance Code is amended to read:
11003. (a) The department, with the advice of persons
knowledgeable about providing employment services to persons who are
deaf and hard of hearing, shall establish the criteria for choosing
contractors.
(b) The criteria shall include, but not be limited to, all of the
following:
(1) The ability to provide services to a person who is deaf or
hard of hearing in the person's preferred mode of communication.
(2) The ability to secure community support, including written
endorsements of local officials, employers, the workforce investment
board of the local workforce investment area and organizations of and
for persons who are deaf and hearing impaired.
hard of hearing.
(3) The existence of funding from one or more public or private
sources.
(c) Preference shall be given in the selection of a contractor to
those proposals which demonstrate all of the following:
(1) Participation of persons who are deaf and hard of hearing on
the potential contractor's employment services staff, and in the case
of a private nonprofit corporation, on the board of directors.
(2) A commitment to the development and maintenance of
self-determination for persons who are deaf and hard of hearing.
SEC. 27. Section 11004 of the
Unemployment Insurance Code is amended to read:
11004. The department shall do all of the following:
(a) Determine the number and location of its offices within the
state providing employment services to individuals who are deaf and
hard of hearing and shall decide which offices
shall be served by contractors given the resources available under
this chapter. The department shall give priority to offices where
contracts are necessary in order to prevent or minimize the
disruption or the discontinuance of employment services to
individuals who are deaf and hard of hearing which have been provided
in conjunction with the department prior to
before July 1, 1984.
(b) Coordinate the provision of employment services for
individuals who are deaf and hard of hearing with the State
Department of Social Services and the Department of Rehabilitation so
that employment services provided by this chapter supplement or
provide alternatives to services provided or funded by the
departments.
(c) Establish uniform accounting procedures and contracts for use
with regard to this chapter.
(d) Promulgate requests for proposals and conduct bidders'
conferences, and evaluate proposals according to the criteria
established pursuant to Section 11003.
(e) Utilize Use the
definitions of deafness and significant hearing impairment
which significantly hard of hearing that have
been used or established by regulation by the State Department of
Social Services.
(f) Conduct a management or fiscal audit of any
a contract whenever it is necessary for proper
supervision of that contract.
(g) Annually consider incorporation of the services described in
this chapter in the job service plan required by Section 8 of the
federal Wagner-Peyser Act of 1933 (29 U.S.C. Sec. 49g).
(h) Assist contractors in maintaining all of the following
information:
(1) The number of persons receiving services.
(2) A description of the services provided.
(3) The cost of the services provided.
(4) The number of persons placed in jobs.
(5) The number of persons assisted by followup activities.
(6) The number and qualifications of staff providing the services.
SEC. 28. Section 10559 of the Welfare
and Institutions Code is amended to read:
10559. (a) There are in the department a
division or office devoted to carrying out the provisions of this
division pertaining to the services to the blind and another division
or office devoted to carrying out the public social services to deaf
and hearing impaired hard-of-hearing
persons. The divisions or offices shall each be headed by a chief,
one who is a trained social worker experienced in work for the blind,
the other a trained social worker or counselor experienced in work
for the deaf and hearing impaired hard of
hearing or a person experienced in administering a deaf or
hearing impaired hard-of-hearing
services program. The duties of the division for the blind and its
chief shall be confined to carrying out the provisions of this
division pertaining to services to the blind. The duties of the
division or office for the deaf and hearing impaired
hard of hearing shall be confined to carrying
out the provision of public social services to the deaf and
hearing impaired. hard of hearing. Blindness,
deafness, or hearing impairment being hard of
hearing shall not be grounds to disqualify a person from
holding the position of chief of the office or division. The
divisions or offices shall not be made a part of any other division,
office, or subdivision of the department. The chiefs of the divisions
or offices shall be directly responsible to the director.
(b) The director through the divisions or
offices may provide consultative services to county personnel
administering services to the blind, deaf, or hearing
impaired hard of hearing which shall include,
but not be limited to, information concerning the various aspects of
blindness, deafness, and hearing impairment
being hard of hearing and its problems and implications, the
rehabilitative potential of the blind, deaf and hearing
impaired, hard of hearing, public and private
services available, employment opportunities for blind, deaf, and
hearing impaired hard-of-hearing
persons, and concepts in counseling blind, deaf, and hearing
impaired hard-of-hearing persons.
SEC. 29. Section 10620 of the Welfare
and Institutions Code is amended to read:
10620. The Legislature finds that over 1.5 million persons in
California are deaf or suffer from significant hearing
impairment. are significantly hard of hearing.
Basic governmental services are not routinely adapted to meet the
communication needs of deaf and hearing impaired
hard-of-hearing persons and, therefore, the services they
receive may be less than those provided to other persons because of
the overwhelming communication problems which exist between service
agencies and deaf and hearing impaired
hard-of-hearing persons.
SEC. 30. Section 10621 of the Welfare
and Institutions Code is amended to read:
10621. Public social services for the deaf and hearing
impaired hard of hearing shall include, but not
be limited to, the following services:
(a) Complete
communication services through interpreter services by a professional
interpreter for the deaf possessing the comprehensive skills
certification of the National Registry of Interpreters for the Deaf
or the equivalent, teletypewriter relay, and, when necessary,
training in communication skills.
(b) Advocacy to assure deaf and hearing impaired
hard-of-hearing persons receive equal access to
public and private services.
(c) Job development and job placement.
(d) Information and referral.
(e) Counseling, including peer counseling.
(f) Independent living skills instruction.
(g) Community education about deafness and hearing
impairment. being hard of hearing.
SEC. 31. Section 10622 of the Welfare
and Institutions Code is amended to read:
10622. Public social services for the deaf and hearing
impaired hard of hearing shall be available in
at least three regions throughout the state so that deaf and
hearing impaired hard-of-hearing persons
will be are able to secure public
social services within a reasonable commuting distance. Deaf and
hearing impaired hard-of-hearing
persons, residing in urban, suburban, and rural areas, shall be
served.
SEC. 32. Section 10624 of the Welfare
and Institutions Code is amended to read:
10624. (a) The department, with the advice
of persons knowledgeable about the provision of public social
services to deaf and hearing impaired
hard-of-hearing persons, shall establish the criteria for
funding public social services for the deaf and hearing
impaired. hard of hearing.
(b) The criteria shall include, but shall
not be limited to, demonstrated need for services, ability to provide
services in a deaf or hearing impaired
hard-of-hearing person's preferred mode of communication,
ability to secure community support, including written endorsements
of local officials and organizations, including organizations of and
for the deaf and hearing impaired, hard of
hearing, and funding from one or more public or private
sources. Special consideration shall be given to the extent to which
deaf and hearing impaired hard-of-hearing
persons are included in the agency's staff and in the case of a
private nonprofit corporation on the board of directors.
SEC. 33. Section 10625 of the Welfare
and Institutions Code is amended to read:
10625. The department shall:
(a) Determine the number and location of regions of the state
providing public social services.
(b) Coordinate the provision of services with the Department of
Rehabilitation.
(c) Establish uniform accounting procedures and contracts for use
with regard to this chapter.
(d) Promulgate requests for proposals and conduct bidders'
conferences.
(e) Establish by regulation the definitions of deafness and
significant hearing impairment. significantly
hard of hearing.
(f) Conduct a management or fiscal audit of any contract whenever
it is necessary for proper supervision of a contract.