BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2041
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2041 (Swanson)
          As Amended  August 15, 2012
          Majority vote
           
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          |ASSEMBLY:  |73-0 |(May 10, 2012)  |SENATE: |38-0 |(August 27,    |
          |           |     |                |        |     |2012)          |
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           Original Committee Reference:    B,.P. & C.P.  

           SUMMARY  :  Requires an agency, when submitting a notice of 
          proposed adoption, amendment, or repeal of designated 
          regulations to the Office of Administrative Law (OAL), to 
          include a statement that the agency shall provide, upon request, 
          a description of the proposed changes included in the proposed 
          action, in a manner to accommodate a person with a visual or 
          other disability for which effective communication is required 
          under state or federal law and that doing so may require 
          extending the period of public comment for the proposed action.

           The Senate amendments  :

          1)Clarify that the statement is required for all regulations of 
            the Department of Rehabilitation and for regulations 
            pertaining to Medi-Cal, special education, or disability 
            access compliance, consistent with current law. 

          2)Add language to avoid chaptering out issues with AB 1612 
            (Lara).

           EXISTING LAW  :

          1)Establishes the Administrative Procedure Act, setting forth 
            the requirements for the adoption, publication, review, and 
            implementation of regulations by state agencies.

          2)Establishes the OAL for the orderly review of adopted 
            regulations. 

          3)Requires an agency to provide a narrative description of 
            proposed regulations to persons with visual or other 
            disabilities upon request, and to provide the requester with 
            an extended public comment period, for regulations of the 








                                                                  AB 2041
                                                                  Page  2

            Department of Rehabilitation and for regulations pertaining to 
            Medi-Cal, special education, or disability access compliance.

          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. 

           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, pursuant to Senate Rule 28.8, negligible state costs.
           

          Analysis Prepared by  :    Angela Mapp / B.,P. & C.P. / (916) 
          319-3301                                               FN: 
          0005166