BILL NUMBER: SB 1441	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY  AUGUST 10, 2006
	PASSED THE SENATE  MAY 11, 2006

INTRODUCED BY   Senator Kuehl

                        FEBRUARY 22, 2006

   An act to amend Section 11135 of the Government Code, relating to
discrimination.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1441, Kuehl  Discrimination: state programs and activities:
sexual orientation.
   Existing law prohibits discrimination on the basis of, among other
things, race, national origin, ethnic group identification,
religion, age, sex, color, or disability, against any person in any
program or activity conducted, operated, or administered by the state
or by any state agency, or that is funded directly by the state, or
that receives any financial assistance from the state. Existing law
also requires, with respect to disability, that these programs and
activities meet the protections and prohibitions contained in certain
provisions of the federal Americans with Disabilities Act of 1990,
and the federal rules and regulations implementing that act, or state
law if the state protections and prohibitions are stronger.
   This bill would add sexual orientation to these provisions and
define for these purposes "sex" and "sexual orientation."
   The bill would also expand the definition of discrimination under
these provisions to include a perception that a person has any of
these enumerated characteristics or that the person is associated
with a person who has, or is perceived to have, any of these
characteristics.


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


  SECTION 1.  Section 11135 of the Government Code is amended to
read:
   11135.  (a) No person in the State of California shall, on the
basis of race, national origin, ethnic group identification,
religion, age, sex, sexual orientation, color, or disability, be
unlawfully denied full and equal access to the benefits of, or be
unlawfully subjected to discrimination under, any program or activity
that is conducted, operated, or administered by the state or by any
state agency, is funded directly by the state, or receives any
financial assistance from the state. Notwithstanding Section 11000,
this section applies to the California State University.
   (b) With respect to discrimination on the basis of disability,
programs and activities subject to subdivision (a) shall meet the
protections and prohibitions contained in Section 202 of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and
the federal rules and regulations adopted in implementation thereof,
except that if the laws of this state prescribe stronger protections
and prohibitions, the programs and activities subject to subdivision
(a) shall be subject to the stronger protections and prohibitions.
   (c) (1) As used in this section, "disability" means any mental or
physical disability, as defined in Section 12926.
   (2) The Legislature finds and declares that the amendments made to
this act are declarative of existing law. The Legislature further
finds and declares that in enacting Senate Bill 105 of the 2001-02
Regular Session (Chapter 1102 of the Statutes of 2002), it was the
intention of the Legislature to apply subdivision (d) to the
California State University in the same manner that subdivisions (a),
(b), and (c) of this section already applied to the California State
University, notwithstanding Section 11000. In clarifying that the
California State University is subject to paragraph (2) of
subdivision (d), it is not the intention of the Legislature to
increase the cost of developing or procuring electronic and
information technology. The California State University shall,
however, in determining the cost of developing or procuring
electronic or information technology, consider whether technology
that meets the standards applicable pursuant to paragraph (2) of
subdivision (d) will reduce the long-term cost incurred by the
California State University in providing access or accommodations to
future users of this technology who are persons with disabilities, as
required by existing law, including this section, Title II of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 and
following), and Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. Sec. 794).
   (d) (1) The Legislature finds and declares that the ability to
utilize electronic or information technology is often an essential
function for successful employment in the current work world.
   (2) In order to improve accessibility of existing technology, and
therefore increase the successful employment of individuals with
disabilities, particularly blind and visually impaired and deaf and
hard-of-hearing persons, state governmental entities, in developing,
procuring, maintaining, or using electronic or information
technology, either indirectly or through the use of state funds by
other entities, shall comply with the accessibility requirements of
Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
Sec. 794d), and regulations implementing that act as set forth in
Part 1194 of Title 36 of the Federal Code of Regulations.
   (3) Any entity that contracts with a state or local entity subject
to this section for the provision of electronic or information
technology or for the provision of related services shall agree to
respond to, and resolve any complaint regarding accessibility of its
products or services that is brought to the attention of the entity.

   (e) As used in this section, "sex" and "sexual orientation" have
the same meanings as those terms are defined in subdivisions (p) and
(q) of Section 12926.
   (f) As used in this section, "race, national origin, ethnic group
identification, religion, age, sex, sexual orientation, color, or
disability" includes a perception that a person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.