ATTACHMENT TO AS-2614-03/Floor/Parsons/Pincu -
February 19, 2003
SENATE BILL No. 302
Introduced by Senator Kuehl
An act to amend Section 11135 of the Government Code, relating to
LEGISLATIVE COUNSEL'S DIGEST
SB 302, as introduced, Kuehl. Discrimination: state programs and
Existing law prohibits discrimination, as defined, against any person
in any program or activity conducted, operated, or administered by the
state or by any state agency, or that is funded directly by the state, or that
receives any financial assistance from the state. Existing law also
requires, with respect to disability, that these programs and activities
meet the protections and prohibitions contained in Section 202 of the
Americans with Disabilities Act of 1990 and the federal rules and
regulations implementing the act or state law if the state protections and
prohibitions are stronger.
This bill would apply these provisions to the California State
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
SECTION 1. Section 11135 of the Government Code is
amended to read:
11135. (a) No person in the State of California shall, on the
basis of race, national origin, ethnic group identification, religion,
age, sex, color, or disability, be unlawfully denied full and equal
access to the benefits of, or be unlawfully subjected to
discrimination under, any program or activity that is conducted,
operated, or administered by the state or by any state agency, is
funded directly by the state, or receives any financial assistance
from the state.
(b) With respect to discrimination on the basis of disability,
programs and activities subject to subdivision (a) shall meet the
protections and prohibitions contained in Section 202 of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
and the federal rules and regulations adopted in implementation
thereof, except that if the laws of this state prescribe stronger
protections and prohibitions, the programs and activities subject
to subdivision (a) shall be subject to the stronger protections and
(c) (1) As used in this section, ''disability'' means any mental
or physical disability as defined in Section 12926.
(2) This section applies to the California State University.
(d) (1) The Legislature finds and declares that the ability to
utilize electronic or information technology is often an essential
function for successful employment in the current work world.
(2) In order to improve accessibility of existing technology,
and therefore increase the successful employment of individuals
with disabilities, particularly blind and visually impaired and deaf
and hard-of-hearing persons, state governmental entities, in
developing, procuring, maintaining, or using electronic or
information technology, either indirectly or through the use of
state funds by other entities, shall comply with the accessibility
requirements of Section 508 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. Sec. 794d), and regulations implementing
that act as set forth in Part 1194 of Title 36 of the Federal Code of
(3) Any entity that contracts with a state or local entity subject
to this section for the provision of electronic or information
technology or for the provision of related services shall agree to
respond to, and resolve any complaint regarding accessibility of its
products or services that is brought to the attention of the entity.
February 19, 2003