BILL ANALYSIS �
Bill No: AB
2041
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
AB 2041 Author: Swanson
As Amended: June 12, 2012
Hearing Date: June 26, 2012
Consultant: Paul Donahue
SUBJECT
Regulations: disability access
DESCRIPTION
This bill requires a state agency promulgating regulations
to include within the notice of proposed action (NOPA) a
specified statement regarding the availability of narrative
descriptions for persons with visual or other specified
disabilities.
The statement is required in the NOPA for all regulations
of the Department of Rehabilitation, or if the proposed
regulations pertain to Medi-Cal, special education, or
disability access compliance.
EXISTING LAW
1)The Administrative Procedure Act governs the process 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.
2)Requires an agency to publish a notice of proposed action
(NOPA) that includes specified information, at least 45
days prior to a hearing and the close of the public
comment period.
3)Requires an agency to provide a narrative description of
AB 2041 (Swanson) continued
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proposed regulations to persons with visual or other
disabilities upon request, and to provide the requester
with an extended public comment period, as specified.
4)Establishes the Americans with Disabilities Act under
federal law, which states that no qualified individual
with a disability shall, by reason of such disability, be
excluded from participation in or be denied the benefits
of services, programs, or activities of a public entity,
or be subjected to discrimination by any such entity.
BACKGROUND
Purpose : This legislation serves as clean-up to last
year's AB 410 (Swanson), Chapter 495, Statutes of 2011.
That bill required certain 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.
In addition, the bill also required those designated
agencies to include in their notice of proposed actions a
statement regarding the availability of the new narrative
descriptions, but this provision, now contained in this
bill , was inadvertently chaptered out by another bill. AB
2041 simply adds that provision back into law, consistent
with the intent of the original bill.
PRIOR/RELATED LEGISLATION
SB 410 (Swanson) Chapter 495, Statutes of 2011 . Requires
certain agencies to provide a narrative description of
proposed regulations to persons with visual disabilities
upon request.
AB 1787 (Swanson) 2009-2010 Session . Would have required
agencies to include a narrative description of additions
and deletions made to the California Code of Regulations
(CCR) that allows reading software used by the visually
impaired to translate those changes made to the CCR. (Held
in Assembly Appropriations Committee)
SUPPORT:
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California Council of the Blind (source)
OPPOSE:
None on file
FISCAL COMMITTEE: Senate Appropriations Committee
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