BILL NUMBER: AB 1709 CHAPTERED
BILL TEXT
CHAPTER 94
FILED WITH SECRETARY OF STATE JULY 25, 2016
APPROVED BY GOVERNOR JULY 25, 2016
PASSED THE SENATE JUNE 30, 2016
PASSED THE ASSEMBLY MAY 9, 2016
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 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, Gallagher. Deaf or hard-of-hearing individuals.
Existing 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," or a close variation of "hard of hearing," and
would make additional technical, nonsubstantive changes in those
provisions.
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
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 in the residence.
(3) (A) 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 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) 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) This subdivision does not require 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), this part does not
require 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 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 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 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, 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 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 damage exists.
(C) (i) As used in this subdivision, "guide dog" means 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 a dog trained
to alert an individual who is deaf or hard of hearing to intruders
or sounds.
(iii) As used in this subdivision, "service dog" means 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 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 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. 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 hard
of hearing and persons authorized to train signal dogs for
individuals who are deaf or 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 this section does not limit the
access of any person in violation of that act.
(e) 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 hard of hearing and persons authorized to train signal
dogs for individuals who are deaf or 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 this section does not limit the
access of any person in violation of that act.
(d) As used in this section, the terms "guide dog," "signal dog,"
and "service dog" have the same meanings as defined in Section 54.1.
(e) 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, hard of hearing, blind, visually
impaired, or speech impaired and who requires auxiliary services to
facilitate communication, the party shall stipulate to the presence
of a service provider in the jury room during jury deliberations, and
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 hard-of-hearing pupils, to 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 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 hard-of-hearing
pupils who are enrolled in state special schools or in special
classes for pupils 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 hard-of-hearing pupils who are enrolled in state special
schools or in special classes for pupils who are deaf or hard of
hearing.
(c) For purposes of this section "prelingually deaf" means a
person who suffered hearing loss 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 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 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 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 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 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
hard-of-hearing pupils enrolled in state special schools or in
special classes.
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 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 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 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 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 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 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 an action or proceeding in which an individual who is deaf
or hard of hearing is a participant, the appointing authority shall
not commence 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 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 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 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,
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, 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 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 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, 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, 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, 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 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 use of the system, all
pay telephones within each system 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 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 an interpreter qualified under
Section 754 of the Evidence Code to interpret for deaf or
hard-of-hearing persons, or 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. 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 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 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 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 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 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 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 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
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 used by
residents, and access to interpreters for deaf or hard-of-hearing
residents.
(7) Written nondiscrimination 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) A facility licensed pursuant to this chapter 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) 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 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-impaired and deaf or hard-of-hearing
individuals shall be provided in accordance with applicable law.
(b) 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 deaf or hard of hearing.
(b) Follow-up contact to determine 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 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 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 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 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 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 hard of hearing and offices of
organizations representing individuals who are deaf or 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 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 hard of hearing. In order to make a dual-party relay
system that will meet the requirements of individuals who are deaf or
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 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 a public or private insurance,
the cost to the subscriber of a deductible, copayment, or other
relevant expense, and any related benefit cap information.
(3) The total cost of 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) 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) 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 hard of hearing that shall
receive a telecommunications device pursuant to subdivision (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), necessary adjustments to the surcharge to ensure
that the programs supported 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, 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 hard of hearing, together with a single party line, at no
charge additional to the basic exchange rate, to any subscriber that
is an agency of state government and that the commission determines
serves a significant portion of the deaf or severely 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 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 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 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 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 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 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 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 purposes of this section, means those buildings,
structures, facilities, and public accommodations or parts thereof
that were constructed or altered 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 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
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 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 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 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 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
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 law, 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. An advance payment made pursuant to this
section 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
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 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 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 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 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 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 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 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) Use the definitions of deafness and 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 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 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 hard of hearing or a person experienced in
administering a deaf or 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
hard of hearing shall be confined to carrying out the provision of
public social services to the deaf and hard of hearing. Blindness,
deafness, or 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 hard of hearing which shall include, but not be
limited to, information concerning the various aspects of blindness,
deafness, and being hard of hearing and its problems and
implications, the rehabilitative potential of the blind, deaf and
hard of hearing, public and private services available, employment
opportunities for blind, deaf, and hard-of-hearing persons, and
concepts in counseling blind, deaf, and 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 are significantly hard of hearing. Basic
governmental services are not routinely adapted to meet the
communication needs of deaf and 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 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 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 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 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 hard of hearing
shall be available in at least three regions throughout the state so
that deaf and hard-of-hearing persons are able to secure public
social services within a reasonable commuting distance. Deaf and
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 hard-of-hearing persons, shall establish the criteria for funding
public social services for the deaf and 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 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 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 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
significantly hard of hearing.
(f) Conduct a management or fiscal audit of any contract whenever
it is necessary for proper supervision of a contract.