BILL NUMBER: SB 302 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Kuehl
FEBRUARY 19, 2003
An act to amend Section 11135 of the Government Code, relating to
discrimination.
LEGISLATIVE COUNSEL'S DIGEST
SB 302, as introduced, Kuehl. Discrimination: state programs and
activities.
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
University.
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 prohibitions.
(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 Regulations.
(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.

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