BILL ANALYSIS �
AB 410
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 410 (Swanson)
As Amended August 30, 2011
Majority vote
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|ASSEMBLY: |76-0 |(June 1, 2011) |SENATE: |38-0 |(August 31, |
| | | | | |2011) |
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Original Committee Reference: B.,P. & C.P.
SUMMARY : Requires specified state agencies to provide a
narrative description of proposed regulations to persons with
visual disabilities upon request, and to provide the requester
with an extended public comment period, as specified.
The Senate amendments :
1)Clarify that the provisions of this bill pertain to proposed
regulations, instead of adopted regulations.
2)Clarify that the requirements under this bill are applicable
only for purposes of a proposed regulation until the proposed
regulation is filed with the Secretary of State or until the
agency otherwise concludes the regulatory adoption process.
3)Make technical changes.
EXISTING LAW :
1)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 to be subjected to
discrimination by a public entity, under state and federal
law.
2)Requires 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, under federal regulations, and also requires 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
AB 410
Page 2
the benefits of, a service, program, or activity conducted by
a public entity.
3)Governs the procedure for the adoption, amendment, or repeal
of regulations by state agencies and for the review of those
regulatory actions by OAL, under the Administrative Procedure
Act (APA).
4)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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : 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
annuallyGeneral
narrative descriptions of to specified departments
specified regulations
Office of Administrative Minor, absorbable costs
annually General
Law review
Report Likely minor costs in 2014 General
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
FN: 0002507