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AB-222 Civil Rights Department: Californians with disabilities workgroup.(2023-2024)

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Date Published: 03/15/2023 09:00 PM
AB222:v98#DOCUMENT

Amended  IN  Assembly  March 15, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 222

Introduced by Assembly Member Arambula

January 10, 2023

An act to add and repeal Section 12931.5 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 222, as amended, Arambula. Civil Rights Department: Californians with disabilities workgroup.
Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency under the direction of the Director of Civil Rights. Existing law sets forth the powers and duties of the department, which include receiving, investigating, conciliating, mediating, and prosecuting complaints alleging unlawful practices or violations of specified civil rights provisions, including those based on a mental or physical disability, as defined.
This bill would require the department to convene a workgroup to make recommendations to the Legislature for the development of accessibility and antidiscrimination laws for people with disabilities, as defined. The bill would require membership the department to appoint members of the workgroup to include interested parties and stakeholders that reflect the diversity of the state, including, among other groups, individuals who have personal experience with a disability. The bill would require the workgroup to take specified actions, including examining existing laws and policies related to, among other issues, improving the effective enforcement of civil rights laws.
This bill would require the department, based on the findings of the workgroup, to submit a report to the Legislature by July 1, 2025, containing recommendations on ways to achieve specified goals and priorities of the workgroup. The bill would also require provide that the Legislature to should hold public hearings on the results of the report within one year of submission of that report.
This bill would repeal these provisions on January 1, 2028.
This bill would include related legislative findings.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) California is the nationwide leader in enacting landmark legislation focusing on the rights of people with disabilities. The Lanterman Developmental Disabilities Services Act was passed by the Legislature in 1969.
(b) The federal Americans with Disabilities Act was enacted over 30 years ago in 1990.
(c) Many aspects of these laws need updating to adjust to modern times and 21st century challenges that disabled people face on a daily basis.
(d) It is the intent of the Legislature to establish a workgroup focused on California disability laws and policies. policies related to workforce and employment. The workgroup will be representative of all people with disabilities, along with the various other subject matter experts in the state. The workgroup will be required to report to the Legislature recommendations for updating laws and policies. It is the intent of the Legislature that when the report required by this act is completed, that the Legislature fully examine and take action in response to its recommendations.

SEC. 2.

 Section 12931.5 is added to the Government Code, to read:

12931.5.
 (a) The department Civil Rights Department shall convene a workgroup to make recommendations to the Legislature for the development of accessibility and antidiscrimination laws related to workforce and employment for people with disabilities.
(b) For purposes of this section, “disability” means any mental or physical disability as defined in Sections 12926 and 12926.1.
(c) Membership of the workgroup shall be appointed by the department in consultation with the protection and advocacy agency described in paragraph (8) and shall include at least 10 interested parties and stakeholders that reflect the diversity of the state, including, but not limited to, representatives at least one representative from all each of the following groups:
(1) Individuals who have personal experience with a disability, including individuals with a targeted disability as defined by Section 1614.203(a)(9) of Title 29 of the Code of Federal Regulations.
(2) Family members of children with disabilities, as defined by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1401(3)).
(3) Individuals from the The business and labor communities.
(4) The State Department of Social Services.
(5) The State Council on Developmental Disabilities.
(6) The California Commission on Disability Access.
(7) The Department of Rehabilitation.
(8) The protection and advocacy agency designated by the Governor in this state to fulfill the requirements and assurances of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code, for the protection and advocacy of the rights of persons with developmental disabilities, as defined in Section 15002(8) of Title 42 of the United States Code.
(d) At a minimum, the workgroup shall do all of the following:
(1) Examine California’s existing labor laws and public workplace and employment policies and procedures, and review best practices and recommendations from research within California and in other states, related to all of the following:
(A) Improving integration and inclusion of people with disabilities in the broader community. California workforce.
(B) Ensuring that all sectors of society California’s labor, workforce, and employment are covered by civil rights laws to the maximum extent possible.
(C) Improving the effective enforcement of civil rights laws. laws in California’s workplaces.

(D)Ensuring that people with disabilities are able to acquire the same information, engage in the same interactions, and enjoy the same services from mobile, electronic, or internet-based sources with the same level of privacy and independence and substantially equivalent ease of use as others.

(E)

(D) Reducing the high rates of unemployment, underemployment, and poverty unemployment and underemployment among people with disabilities.

(F)Expanding community-based services and integrated housing for people with disabilities, and reducing the reliance on institutional settings.

(G)Reducing the disproportionate incarceration of people with disabilities.

(H)Achieving the full inclusion of students with disabilities in integrated general education classrooms without restraint and seclusion.

(I)Addressing ableism and systemic inequality in areas of modern life, including, but not limited to, K–12 education, higher education, transportation, medical care, housing, public benefits and other government services, employment, and places of public accommodation.

(2) Review available data and identify additional data needed to assess workforce participation and outcomes for people with disabilities.
(3) Consult with organizations representing stakeholders, including organizations representing the interests of people with disabilities, throughout the development of its findings.
(e) (1) Based on the findings of the workgroup, the department, by July 1, 2025, shall submit a report to the Legislature containing recommendations on ways to achieve or advance the goals and priorities set forth in paragraph (1) of subdivision (d).
(2) The report shall be submitted in compliance with Section 9795.
(3) The Legislature shall should hold public hearings on the results of the report within one year of the submission of the report.
(f) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.