BILL ANALYSIS �
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THIRD READING
Bill No: AB 410
Author: Swanson (D), et al.
Amended: 8/30/11 in Senate
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMM : 13-0, 06/28/11
AYES: Wright, Anderson, Berryhill, Calderon, Cannella,
Corbett, De Le�n, Evans, Hernandez, Padilla, Strickland,
Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : 9-0, 08/25/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
ASSEMBLY FLOOR : 76-0, 06/01/11 - See last page for vote
SUBJECT : Regulations: adoption: disability access
SOURCE : California Council of the Blind
DIGEST : This bill requires an agency that adopts certain
regulations, upon a request from a person with a visual
disability or other disability for which effective
communication is required under state or federal law, to
provide that person a narrative description of the proposed
regulation, as prescribed, and would provide for an
extended public comment period for that person. This bill
also requires an agency to include within the notice of
proposed action a specified statement regarding the
availability of narrative descriptions for persons with
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visual or other specified disabilities. This bill requires
an agency that adopts a regulation that is subject to the
requirements of the bill to submit a report to the Governor
and certain committees of the Legislature on or before
February 1, 2014, as specified.
ANALYSIS : Existing state and federal law prohibits the
exclusion of a qualified individual with a disability, by
reason of that disability, from participation in or equal
access to the benefits of the services, programs, or
activities of a public entity, or be subjected to
discrimination by a public entity. Federal regulations
require a public entity to take appropriate steps to ensure
that communications with participants and members of the
public with disabilities are as effective as communications
with others. These regulations also require a public
entity to furnish appropriate auxiliary aids and services
where necessary to afford an individual with a disability
an equal opportunity to participate in, and enjoy the
benefits of, a service, program, or activity conducted by a
public entity.
Existing law, the Administrative Procedure Act, governs the
procedure for the adoption, amendment, or repeal of
regulations by state agencies and for the review of those
regulatory actions by the Office of Administrative Law
(OAL). Existing law requires an agency to publish a notice
of proposed action that includes specified information, at
least 45 days prior to a hearing and the close of the
public comment period.
This bill requires an agency that adopts certain
regulations, upon a request from a person with a visual
disability or other disability for which effective
communication is required under state or federal law, to
provide that person a narrative description of the proposed
regulation, as prescribed, and provides for an extended
public comment period for that person. This bill also
requires an agency to include within the notice of proposed
action a specified statement regarding the availability of
narrative descriptions for persons with visual or other
specified disabilities. This bill requires an agency that
adopts a regulation that is subject to the requirements of
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the bill to submit a report to the Governor and certain
committees of the Legislature on or before February 1,
2014, as specified.
Comments
The APA governs the adoption of regulations by state
agencies for purposes of ensuring that they are clear,
necessary, legally valid, and available to the public. In
seeking adoption of a proposed regulation, state agencies
must comply with procedural requirements that include (1)
publishing the proposed regulation along with supporting
statement of reasons, (2) publishing a notice of the
proposed action 45 days before a hearing or before the
close of the public comment period, and (3) submitting a
final statement to OAL that summarizes and responds to all
objections, recommendations and proposed alternatives that
were raised during the public comment period. The OAL is
then required to approve or reject the proposed regulation
within 30 days.
Related Legislation
AB 1787 (Swanson), 2009-10 Session) would have required any
agency making changes to state regulations to provide those
changes in narrative format. Stated legislative intent to
require state agencies to provide regulation amendments in
a narrative format that can be accurately translated by
reading software used for the visually impaired. (Held in
Assembly Appropriations Committee)
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Requirement to use
Unknown likely significant cost annually
General
narrative descriptions ofto specified departments
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specified regulations
Office of Administrative Minor,
absorbable costs annually General
Law review
Report Likely minor
costs in 2014 General
SUPPORT : (Verified 8/30/11)
California Council of the Blind (source)
Board of Guide Dogs for the Blind
Junior Blind of America
State Independent Living Council
ARGUMENTS IN SUPPORT : Supporters note that the state's
current practice of using typographic variations in its
published notices of proposed regulations to indicate
changes to regulations in strikeout and underline format
makes it extremely difficult for those of us who are blind
to know the nature of such changes because we cannot
distinguish the italics or strikeout text from the rest of
the language in the documents. AB 410 would give visually
impaired and blind Californians equal access to the
information about regulatory changes. Supporters state
that the federal government already uses narrative text to
identify changed language in the Federal Register, and that
California should adopt this practice.
ASSEMBLY FLOOR : 76-0, 06/01/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Gatto, Gordon, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
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Yamada, John A. P�rez
NO VOTE RECORDED: Garrick, Gorell, Jeffries, V. Manuel
P�rez
PQ:nl 8/30/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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