Chapter 13 - California Commission on Disability Access

California Government Code — §§ 14985-14985.11

Sections (4)

Added by Stats. 2017, Ch. 19, Sec. 15. (AB 111) Effective June 27, 2017. Pursuant to Section 14985.11, continuing operation is contingent upon funding.

The Legislature finds and declares that, despite the fact that state law has provided persons with disabilities the right to full and equal access to public facilities since 1968, and that a violation of the right of any person under the Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.) has also constituted a violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) since 1992, persons with disabilities are still being denied full and equal access to public facilities in many instances. The Legislature further finds and declares that businesses in California have the responsibility to provide full and equal access to public facilities as required in the laws and regulations, but that compliance may be thwarted in some cases by conflicting state and federal regulations, which

in turn results in unnecessary litigation. With a view to developing recommendations that will enable persons with disabilities to exercise their right to full and equal access to public facilities, and that will facilitate business compliance with the laws and regulations to avoid unnecessary litigation, the Legislature has created the California Commission on Disability Access within the Department of General Services.

Added by Stats. 2017, Ch. 19, Sec. 15. (AB 111) Effective June 27, 2017. Pursuant to Section 14985.11, continuing operation is contingent upon funding.

(a)There shall be established in the state government, on or before May 1, 2009, the California Commission on Disability Access. The commission shall consist of 11 public members, and six ex officio nonvoting members, appointed as follows:
(1)Two public members appointed by the Senate Committee on Rules, with one appointee from the business community and one appointee from the disability community. The Senate Committee on Rules shall request and consider nominations from the business community and the disability community for these appointments.
(2)Two public members appointed by the Speaker of the Assembly, with one appointee from the business community and one appointee

from the disability community. The Speaker of the Assembly shall request and consider nominations from the business community and the disability community for these appointments.

(3)Seven public members appointed by the Governor, with the consent of the Senate. Four of the Governor’s appointees shall be from the disability community. Three appointees shall be from the business community, including an appointee representative from the California Business Properties Association. The Governor shall request and consider nominations from the business community and the disability community for these appointments.
(4)The State Architect, or his or her representative, as a nonvoting ex officio member.
(5)The Attorney General, or his or her representative, as a nonvoting ex officio member.
(6)Two members of the Senate, appointed by the Senate Committee on Rules as nonvoting ex officio members. One member shall be from the majority party, and one member shall be from the minority party.
(7)Two members of the Assembly, appointed by the Speaker of the Assembly, as nonvoting ex officio members. One member shall be from the majority party, and one member shall be from the minority party.
(b)It is the intent of this section that the commission shall be broadly representative of the ethnic, gender, and racial diversity of the population of California. It is further the intent of this section that both of the following apply:
(1)The appointees from the disability community shall be persons with a disability relating to, but not limited to,

vision, hearing, mobility, breathing, speech, cognitive, cardiac, emotional, developmental, learning, psychological, or immunological disabilities.

(2)The commission recruitment and appointment process shall engage in identifying qualified disability community representatives who should possess elements of the following qualifications:
(A)Identify as people with disabilities, activity limitations, or both.
(B)Have personal experience with disability and disability advocacy and the ability to speak broadly on disability access issues.
(C)Are knowledgeable about cross-disability access issues, including, but not limited to, hearing, vision, mobility, speech, and cognitive limitations.
(D)Are knowledgeable about a variety of physical, communication, and program access issues.
(E)Are involved with segments of national, state, or local constituencies of the disability community, such as active involvement in broad-based disability organizations.
(F)Have in place and use communication networks to facilitate communication with the segments of the disability community they are representing, including, but not limited to, segments of diverse ethnic, cultural, sex, sexual orientation, age, and linguistic communities that are representative of the diverse population of Californians with disabilities.
(c)Public members shall be appointed for three-year terms, except that, with respect to the initial appointees, the Governor shall appoint three members for a one-year term, two members for a

two-year term, and two members for a three-year term. The Senate Committee on Rules and the Speaker of the Assembly shall each initially appoint one member for a two-year term and one member for a three-year term. Public members may be reappointed for additional terms.

(d)Vacancies shall be filled by the appointing authority for the unexpired portion of the terms.
(e)Beginning July 1, 2017, the California Commission on Disability Access shall reside within the Department of General Services.

Added by Stats. 2017, Ch. 19, Sec. 15. (AB 111) Effective June 27, 2017. Pursuant to Section 14985.11, continuing operation is contingent upon funding.

The commission shall hire staff or contract for those experts or technical and professional services that may be required for the completion of any task authorized or study required by this chapter. Staff hired pursuant to this section shall be hired in compliance with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2). Contracts awarded pursuant to this section shall be in compliance with Section 19130. The commission is expressly encouraged and authorized to seek the technical and legal assistance of other state agencies and departments in fulfilling its statutory responsibilities.

Added by Stats. 2017, Ch. 19, Sec. 15. (AB 111) Effective June 27, 2017. Note: Operational condition applies to Chapter 13, commencing with Section 14985.

This chapter shall not be implemented, and shall not remain operative, unless funds are appropriated for that purpose by the Legislature in the annual Budget Act or another statute.