BILL NUMBER: AB 1213 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 24, 2010
PASSED THE ASSEMBLY MAY 14, 2009
INTRODUCED BY Assembly Member Skinner
FEBRUARY 27, 2009
An act to amend Section 12803.65 of the Government Code, relating
to disabilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1213, Skinner. Employment of persons with disabilities:
California Governor's Committee on Employment of People with
Disabilities.
Existing law requires the California Health and Human Services
Agency and the Labor and Workforce Development Agency, using existing
resources, to create a sustainable, comprehensive strategy to
accomplish various goals aimed at bringing persons with disabilities
into employment.
Existing law requires the Governor to establish the California
Governor's Committee on Employment of People with Disabilities,
requires the committee to be established in the Labor and Workforce
Development Agency, and specifies the membership of the committee.
Existing law requires the committee to, among other things, consult
with and advise the Labor and Workforce Development Agency and the
California Health and Human Services Agency on all issues related to
full inclusion in the workforce of persons with disabilities.
This bill would provide that the Superintendent of Public
Instruction shall be a member of the committee.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California receives federal funding in the form of a Medicaid
Infrastructure Grant (MIG) that enables the State Department of
Health Care Services to administer the California Health Incentive
Improvement Project (CHIIP).
(b) CHIIP improves upon the provisions in Section 14007.9 of the
Welfare and Institutions Code, referred to as the 250% California
Working Disabled Program (CWD), and supports increased employment
outcomes for Californians with disabilities through a variety of
activities focused on implementing Chapter 1088 of the Statutes of
2002 (Assembly Bill 925, introduced by Assembly Member Aroner),
including the sustainable, comprehensive strategy to accomplish
various goals aimed at bringing persons with disabilities into
employment that Chapter 1088 required the California Health and Human
Services Agency and the Labor and Workforce Development Agency to
create. The California Health and Human Services Agency and the Labor
and Workforce Development Agency had a sustainable, comprehensive
strategy approved in 2006.
(c) Chapter 758 of the Statutes of 2008 (Assembly Bill 1183) made
the 250% California Working Disabled Program permanent.
(d) The federal Ticket to Work and Work Incentive Improvement Act
of 1999 (Public Law 106-170) increased opportunities for states to
remove and minimize barriers to employment for people with
disabilities by improving access to health care coverage under
Medicare and Medicaid.
(e) Beginning February 1, 2002, the Social Security Administrative
Ticket to Work Program (TTW) began a state-by-state phase in period
nationally, allowing Social Security Income (SSI) and Social Security
Disability Insurance (SSDI) beneficiaries to receive a "ticket" from
the Social Security Administration that can be assigned for
employment services to a wider pool of rehabilitation, employment, or
other employment support service providers.
(f) The TTW has begun to be implemented in California and, as of
July 21, 2008, the Social Security Administration implemented
improvements to its payments and its business methods for employment
outcomes of its disability beneficiaries, which have the potential to
add revenues to California public, private, and nonprofit service
providers without an annual budget cap for the foreseeable future.
SEC. 2. Section 12803.65 of the Government Code is amended to
read:
12803.65. (a) The Governor shall rename and establish, in the
Labor and Workforce Development Agency, the existing California
Governor's Committee on Employment of Disabled Persons as the
"California Governor's Committee on Employment of People with
Disabilities" or "CGCEPD."
(b) (1) The California Governor's Committee on Employment of
People with Disabilities shall include, but not be limited to, the
following:
(A) Four individuals with disabilities representing disabled
persons, two appointed by the Governor and one each appointed by the
Senate Committee on Rules and the Speaker of the Assembly, each for a
three-year term.
(B) The Directors of the Employment Development Department, State
Department of Health Care Services, State Department of Mental
Health, State Department of Developmental Services, State Department
of Social Services, and Department of Rehabilitation, and the Chair
of the State Independent Living Council.
(C) Representatives from the State Department of Health Care
Services' California Health Incentive Improvement Project.
(D) A representative from the California Workforce Investment
Board.
(E) Representatives from any other department or program that may
have a role in increasing the capacity of state programs to support
the employment-related needs of individuals with disabilities.
(F) A representative from a local one-stop or local workforce
investment board, to be appointed by the Governor.
(G) A business representative with experience in employing persons
with disabilities, to be appointed by the Governor.
(H) The Superintendent of Public Instruction.
(2) The members of the California Governor's Committee on
Employment of People with Disabilities shall select a chair from
among the members, and shall hold open meetings no less than
quarterly.
(c) The California Governor's Committee on Employment of People
with Disabilities shall consult with and advise the Labor and
Workforce Development Agency and the California Health and Human
Services Agency on all issues related to full inclusion in the
workforce of persons with disabilities, including development of the
comprehensive strategy required pursuant to Section 12803.6 and
implementation of the grant program established pursuant to Section
12803.7.
(d) The California Governor's Committee on Employment of People
with Disabilities shall also:
(1) Coordinate and provide leadership, as necessary, with regard
to efforts to increase inclusion in the workforce of persons with
disabilities.
(2) Report annually to the Legislature and the Governor on the
employment status of Californians with disabilities.
(e) The California Governor's Committee on Employment of People
with Disabilities shall provide support to the State Workforce
Investment Board and the local one-stop centers in their efforts to
achieve full compliance with Sections 18002, 18004, 18006, and 18008
of the Unemployment Insurance Code, and shall identify the extent to
which any one-stops are not in full compliance with those sections
and the reasons for the lack of compliance, including the need for
additional resources.
(f) The California Governor's Committee on Employment of People
with Disabilities shall meet quarterly with the California Health
Incentive Improvement Project, administered by the State Department
of Health Care Services, and the project's steering committee, to the
extent funding for the project continues and the activities of the
California Governor's Committee on Employment of People with
Disabilities are not inconsistent with the charge of the California
Health Incentive Improvement Project.
(g) Using existing funding, the California Governor's Committee on
Employment of People with Disabilities shall facilitate, promote,
and coordinate collaborative dissemination of information on
employment supports and benefits, which shall include the Ticket to
Work program and health benefits, to individuals with disabilities,
consumers of public services, employers, service providers, and state
and local agency staff.
(h) Using existing funding, the California Governor's Committee on
Employment of People with Disabilities shall receive primary
administrative and staff support from the Employment Development
Department.